[2002] KEHC 316 (KLR)
The court found that although the petitioner had established desertion by the respondent, the statutory period of three years required to sustain a divorce on this ground had not yet matured, as the desertion commenced on 3rd March 2001 and the judgment was delivered on 7th November 2002. Consequently, the court...
Source-derived case information.
- Citation
- [2002] KEHC 316 (KLR)
- Parties
- Petitioner: A D W; Respondent: G D W T
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 127 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Order for judicial separation granted; no order as to costs.
- Legal Topics
- Divorce Petitions, Judicial Separation, Desertion, Matrimonial Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A D W
Petitioner
G D W T
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.
- 2 Whether the statutory period for desertion has been satisfied to grant a divorce.
- 3 Whether an order for judicial separation should be granted in the alternative.
Ratio Decidendi
The court found that although the petitioner had established desertion by the respondent, the statutory period of three years required to sustain a divorce on this ground had not yet matured, as the desertion commenced on 3rd March 2001 and the judgment was delivered on 7th November 2002. Consequently, the court declined to grant a decree of divorce but, considering the petitioner's request and the absence of opposition, granted an order for judicial separation as an alternative remedy. The court also noted the petitioner's position on costs and made no order as to costs.
Court Disposition
Order for judicial separation granted; no order as to costs.
Orders
- An order for judicial separation is granted.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 127 OF 2001A D W …………………………………… PETITIONERVERSUSG D W T ………………….. RESPONDENT
JUDGMENT
From what has been brought to my attention during the hearing of this undefended divorce cause, I would say that while I would have granted divorce on the ground of desertion as prayed in the petition, I do note that the requisite mandatory period of three years to sustain the ground of desertion from 3rd March 2001, has not yet matured.
In the circumstances therefore, and since I have been told that for the time being the petitioner would have an order for judicial separation rather than having nothing, I do hereby grant an order for judicial separation.
As the Petitioner does not want costs from the Respondent, there will be no order as to costs.
Dated this 7th Day of November 2002. J.M. KHAMONI JUDGE