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M.P v A.S.S w/o M.P [2011] KEHC 4099 (KLR)

[2011] KEHC 4099 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4099
Citation
[2011] KEHC 4099 (KLR)
Decided
21 January 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's undefended divorce causeCoramL. KIMARU
Holding

The court grants the petition for divorce and annuls the marriage.

Facts

The petitioner and respondent were married in 2004 and lived together until 2005 when the respondent deserted the matrimonial home. The petitioner claimed the marriage had irretrievably broken down due to the respondent's desertion and refusal to accept the petitioner's children from a previous marriage.

Issues

  1. Whether the petitioner's marriage to the respondent had irretrievably broken down due to desertion
  2. Whether the petitioner should be granted a divorce

Reasoning

The court found that the respondent deserted the matrimonial home and refused to accept the petitioner's children, leading to the deterioration of their marital relationship.

Outcome

The marriage is annulled and a decree nisi is issued dissolving the marriage, to be made absolute 30 days from the date of the judgment.

Orders

  • Annulment of the marriage
  • Decree nisi issued dissolving the marriage
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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