[2000] KEHC 211 (KLR)

[2000] KEHC 211 (KLR)

The court found that the respondent's conduct, including cruelty and open cohabitation with another woman, made the petitioner's continued residence in the matrimonial home intolerable, effectively causing her to leave. This conduct constituted constructive desertion by the respondent. The court held that the respondent evinced an intention to permanently end the marriage, and since the desertion had lasted for more than three years, the legal ground for dissolution was established. Accordingly, the court granted the dissolution of the marriage and directed that a Decree Nisi issue forthwith, to be made absolute in three months.

Citation
[2000] KEHC 211 (KLR)
Parties
Plaintiff: A M; Defendant: Y J M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
11 December 2000
Case Number
Divorce Cause 9 of 1996
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
AI Hayanga
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Dissolution of Marriage
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Cruelty Dissolution of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

A M

Plaintiff

Y J M

Defendant

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to cruelty and desertion justifying dissolution of marriage.
  2. 2 Whether the petitioner is entitled to a decree of divorce on the grounds pleaded.

Ratio Decidendi

The court found that the respondent's conduct, including cruelty and open cohabitation with another woman, made the petitioner's continued residence in the matrimonial home intolerable, effectively causing her to leave. This conduct constituted constructive desertion by the respondent. The court held that the respondent evinced an intention to permanently end the marriage, and since the desertion had lasted for more than three years, the legal ground for dissolution was established. Accordingly, the court granted the dissolution of the marriage and directed that a Decree Nisi issue forthwith, to be made absolute in three months.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree Nisi to issue forthwith, to be made absolute in three months.