[2014] KEHC 8385 (KLR)
The court found that the respondent deserted the petitioner without cause in 2010, resulting in the cessation of cohabitation and conjugal relations. The petitioner established the ground of desertion as required by law for the dissolution of marriage. The court also recognized the separation agreement entered into...
Source-derived case information.
- Citation
- [2014] KEHC 8385 (KLR)
- Parties
- Petitioner: A T; Respondent: M H I T
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 270 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved.
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Divorce, Desertion, Custody and Maintenance, Separation Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A T
Petitioner
M H I T
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner without cause, entitling the petitioner to a decree of divorce.
- 2 Whether the separation agreement entered by the parties should be adopted as part of the judgment.
Ratio Decidendi
The court found that the respondent deserted the petitioner without cause in 2010, resulting in the cessation of cohabitation and conjugal relations. The petitioner established the ground of desertion as required by law for the dissolution of marriage. The court also recognized the separation agreement entered into by the parties concerning the custody, care, control, and maintenance of the children, finding it appropriate to adopt the agreement as part of the judgment. Accordingly, the court ordered the dissolution of the marriage and made the separation agreement binding on both parties.
Court Disposition
Petition for divorce allowed; marriage dissolved.
Orders
- Decree nisi for dissolution of marriage to issue and become absolute after 30 days.
- The separation agreement dated 27th February 2014 is adopted as part of the judgment and shall bind the parties.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 270 OF 2013
A T…………...................………….PETITIONER
VERSES
M H I T……….................................RESPONDENT
JUDGMENT
The petitioner A T and the respondent M H I T got married in the United Kingdom on 12th September 1997. They cohabited in several places in the United Kingdom and thereafter at Link road, Karen and Kimi Road, Langata in Nairobi, Kenya.
The marriage was blessed with three children as follows:-
A I T, born on 8th October 1999;
K B T, born on 6th June 2003; and
A A D T, born on 29th April 2005.
The undisputed evidence of the petitioner was that in 2010 the respondent moved out of the matrimonial home without cause and has not returned since. As a result, there has been no cohabitation or conjugal relationship between the parties. In the evidence of the petitioner, there is nothing to salvage in the marriage. He filed this petition on 20th December 2013 seeking divorce.
On the ground of desertion, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue and shall become absolute after 30 days.
On 27th February 2014, the petitioner and the respondent entered into a separation agreement that dealt with the custody, care, control and maintenance of the children of the marriage, and other miscellaneous matters. The agreement is hereby adopted as part of this judgment and therefore shall bind the parties.
SIGNED at NAIROBI this 23rd July 2014.
A.O. MUCHELULE
JUDGE
DELIVERED at NAIROBI this 24th July 2014.
W. MUSYOKA
JUDGE