[2013] KEHC 4472 (KLR)

[2013] KEHC 4472 (KLR)

The court found that the petitioner had proved the ground of desertion as required by section 8(1)(b) of the Matrimonial Causes Act. The respondent left the matrimonial home in March 2003 and had not returned by the time the petition was filed, a period exceeding the statutory minimum of three years. The respondent was duly served but chose not to participate or provide any justification for his absence. The petition was filed more than three years after the marriage, satisfying section 6(1). The court concluded that the desertion was deliberate and without just cause, and therefore granted the petition for divorce.

Citation
[2013] KEHC 4472 (KLR)
Parties
Applicant: A.N.M.; Respondent: E.L.W.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
18 March 2013
Case Number
Divorce Cause 26 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed. Decree nisi to issue, to be made absolute in three months.
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

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Parties

A.N.M.

Applicant

E.L.W.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has established the ground of desertion as required under section 8(1)(b) of the Matrimonial Causes Act.
  2. 2 Whether the petition for divorce is properly before the court in compliance with section 6(1) of the Matrimonial Causes Act.

Ratio Decidendi

The court found that the petitioner had proved the ground of desertion as required by section 8(1)(b) of the Matrimonial Causes Act. The respondent left the matrimonial home in March 2003 and had not returned by the time the petition was filed, a period exceeding the statutory minimum of three years. The respondent was duly served but chose not to participate or provide any justification for his absence. The petition was filed more than three years after the marriage, satisfying section 6(1). The court concluded that the desertion was deliberate and without just cause, and therefore granted the petition for divorce.

Court Disposition

Petition for divorce allowed. Decree nisi to issue, to be made absolute in three months.

Orders

  • Petition for divorce is allowed.
  • Decree nisi to issue and to be made absolute three months from the date of judgment.