[2013] KEHC 4307 (KLR)

[2013] KEHC 4307 (KLR)

The court found that the respondent left the matrimonial home in 2007 and had not returned or cohabited with the petitioner for over five years prior to the filing of the petition. The respondent's insistence that the petitioner relocate to Tanzania was unreasonable given his business and family responsibilities in...

Source-derived case information.

Citation
[2013] KEHC 4307 (KLR)
Parties
Petitioner: B. B. D. S; Respondent: S. M. J. L
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
16 April 2013
Case Number
Divorce Cause 48 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; decree nisi to issue, to be made absolute within three months; no order as to costs.
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Matrimonial Causes Act, Uncontested Petition
Source Language
english
Family and Children Divorce Matrimonial Breakdown Desertion Matrimonial Causes Act Uncontested Petition

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

B. B. D. S

Petitioner

S. M. J. L

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for a period of at least three years preceding the filing of the petition.
  2. 2 Whether the petitioner is entitled to a decree of divorce based on the ground of desertion.

Ratio Decidendi

The court found that the respondent left the matrimonial home in 2007 and had not returned or cohabited with the petitioner for over five years prior to the filing of the petition. The respondent's insistence that the petitioner relocate to Tanzania was unreasonable given his business and family responsibilities in Mombasa. The court held that the respondent's actions amounted to constructive desertion as defined by Section 81(b) of the Matrimonial Causes Act. The evidence was unchallenged and uncorroborated due to the respondent's non-participation. The statutory requirement of three years' desertion was satisfied, and the marriage had irretrievably broken down. Accordingly, the court...

Court Disposition

Petition for divorce allowed; decree nisi to issue, to be made absolute within three months; no order as to costs.

Orders

  • Decree nisi to issue dissolving the marriage between the petitioner and respondent.
  • Decree nisi to be made absolute within three months of the judgment date.