[2009] KEHC 676 (KLR)

[2009] KEHC 676 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent had persistently deserted the matrimonial home for over two decades without justification or condonation. The respondent's withdrawal of her answer and cross-petition left the petition unchallenged, and the evidence of repeated desertion was uncontroverted. The court concluded that the marriage had irretrievably broken down and that the petitioner was entitled to dissolution of the marriage. Given the special needs of the child M.W and the petitioner's willingness and ability to care for her, custody was granted to the petitioner. Costs were also awarded to the petitioner as the...

Citation
[2009] KEHC 676 (KLR)
Parties
Petitioner: A.G.K; Respondent: P.M.G
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
16 November 2009
Case Number
Divorce Cause 10 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of M.W granted to petitioner; costs awarded to petitioner.
Judges
CN Mugo
Legal Topics
Divorce, Custody of Children, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Breakdown

Case Brief

Summary, issues, holding and outcome

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Parties

A.G.K

Petitioner

P.M.G

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has irretrievably broken down due to desertion.
  2. 2 Whether the petitioner is entitled to custody of the handicapped child, M.W.
  3. 3 Whether the petitioner is entitled to costs of the petition.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent had persistently deserted the matrimonial home for over two decades without justification or condonation. The respondent's withdrawal of her answer and cross-petition left the petition unchallenged, and the evidence of repeated desertion was uncontroverted. The court concluded that the marriage had irretrievably broken down and that the petitioner was entitled to dissolution of the marriage. Given the special needs of the child M.W and the petitioner's willingness and ability to care for her, custody was granted to the petitioner. Costs were also awarded to the petitioner as the...

Court Disposition

Petition allowed; marriage dissolved; custody of M.W granted to petitioner; costs awarded to petitioner.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Custody of M.W is granted to the petitioner.