[2013] KEHC 793 (KLR)

[2013] KEHC 793 (KLR)

The court found that the Petitioner had established the matrimonial offence of desertion, as the Respondent left the matrimonial home in 2002 and had not returned for over ten years. Efforts at reconciliation had failed, and the parties had only cohabited for two years before the prolonged separation. The court was satisfied that the marriage had irretrievably broken down with no possibility of salvage. In the absence of any response or contest from the Respondent, and based on the uncontroverted evidence of the Petitioner, the court granted the petition for divorce and ordered the dissolution of the marriage.

Citation
[2013] KEHC 793 (KLR)
Parties
Petitioner: W M O; Respondent: A C M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2013
Case Number
Divorce Cause 28 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition granted; marriage dissolved
Judges
LK Kimaru
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Marriage Dissolution

Case Brief

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Parties

W M O

Petitioner

A C M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the matrimonial home, constituting a matrimonial offence.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down, warranting dissolution.

Ratio Decidendi

The court found that the Petitioner had established the matrimonial offence of desertion, as the Respondent left the matrimonial home in 2002 and had not returned for over ten years. Efforts at reconciliation had failed, and the parties had only cohabited for two years before the prolonged separation. The court was satisfied that the marriage had irretrievably broken down with no possibility of salvage. In the absence of any response or contest from the Respondent, and based on the uncontroverted evidence of the Petitioner, the court granted the petition for divorce and ordered the dissolution of the marriage.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated on 22nd September 2000 at the Registrar’s Office in Nairobi between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi dissolving the said marriage is hereby issued.