[2013] KEHC 729 (KLR)

[2013] KEHC 729 (KLR)

The court found that the petition was filed more than three years after the marriage, satisfying the statutory waiting period under section 6(1) of the Matrimonial Causes Act. The evidence established that the respondent deserted the petitioner without cause for over three years, and the respondent failed to contest the petition or provide any explanation. The uncontroverted testimony of the petitioner, coupled with the respondent's absence, led the court to conclude that the grounds for divorce under section 8(b) were met. Accordingly, the court allowed the petition for divorce and ordered that a decree nisi issue, to be made absolute within three months.

Citation
[2013] KEHC 729 (KLR)
Parties
Petitioner: A A A; Respondent: C C C T
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
17 December 2013
Case Number
Divorce Cause 20 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce allowed
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Causes, Desertion, Marriage Dissolution
Source Language
English
Family and Children Divorce Matrimonial Causes Desertion Marriage Dissolution

Case Brief

Summary, issues, holding and outcome

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Parties

A A A

Petitioner

C C C T

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petition for divorce was filed in compliance with the statutory waiting period under section 6(1) of the Matrimonial Causes Act.
  2. 2 Whether the respondent deserted the petitioner without cause for a period sufficient to warrant dissolution of marriage under section 8(b) of the Matrimonial Causes Act.
  3. 3 Whether the uncontroverted evidence of the petitioner is sufficient to grant a decree of divorce.

Ratio Decidendi

The court found that the petition was filed more than three years after the marriage, satisfying the statutory waiting period under section 6(1) of the Matrimonial Causes Act. The evidence established that the respondent deserted the petitioner without cause for over three years, and the respondent failed to contest the petition or provide any explanation. The uncontroverted testimony of the petitioner, coupled with the respondent's absence, led the court to conclude that the grounds for divorce under section 8(b) were met. Accordingly, the court allowed the petition for divorce and ordered that a decree nisi issue, to be made absolute within three months.

Court Disposition

petition for divorce allowed

Orders

  • Decree nisi to issue, to be made absolute within three months of the judgment date.
  • No orders as to costs.