N.Y v W.E.M [2011] KEHC 1436 (KLR)
- Court
- High Court of Kenya
- Case number
- 1436
- Citation
- [2011] KEHC 1436 (KLR)
- Decided
- 13 May 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Petition for DivorceCoramL. KIMARU
Holding
The marriage is dissolved, and a decree nisi is issued.
Facts
The petitioner and respondent were married on March 20, 1998, and lived together in Nairobi. The respondent left Kenya for the United Kingdom in July 2002, claiming to secure places for her children in schools. She has not returned to the matrimonial home since.
Issues
- Whether the petitioner's marriage to the respondent has irretrievably broken down due to desertion
- Whether the petitioner is entitled to a decree nisi dissolving the marriage
Reasoning
The court found that the respondent had left the matrimonial home in July 2002 and had not returned, despite the petitioner's continued support. The court concluded that the marriage has irretrievably broken down due to desertion.
Outcome
The marriage is dissolved.
Orders
- Decree nisi dissolving the marriage is issued.
- The decree nisi shall be made absolute thirty (30) days from the date of this judgment.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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