[2006] KEHC 3275 (KLR)
The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home without lawful excuse and that the petitioner did not condone the desertion nor present the petition in collusion. The evidence was unchallenged as the matter was undefended. The...
Source-derived case information.
- Citation
- [2006] KEHC 3275 (KLR)
- Parties
- Petitioner: BKR; Respondent: MKNS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 89 of 2005
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- FI Koome
- Legal Topics
- Divorce, Matrimonial Breakdown, Desertion, Cruelty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BKR
Petitioner
MKNS
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage under Kenyan law.
- 2 Whether the respondent deserted the matrimonial home without lawful excuse.
- 3 Whether the petition was presented in collusion.
Ratio Decidendi
The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home without lawful excuse and that the petitioner did not condone the desertion nor present the petition in collusion. The evidence was unchallenged as the matter was undefended. The court was satisfied that the marriage had irretrievably broken down due to the respondent's desertion, warranting the dissolution of the marriage under Kenyan law.
Court Disposition
petition allowed; marriage dissolved
Orders
- Decree of divorce granted dissolving the marriage solemnized on 11th April 2001.
- Decree nisi to issue after the statutory period of three months.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
THE HIGH COURT OF KENYA AT NAIROBI
(NAIROBI LAW COURTS)
Divorce Cause 89 of 2005
BKR.....……………….…...................PETITIONER
VERSUS
MKNS........…………………...... RESPONDENT
J U D G M E N T
The Petitioner herein sought for an order of dissolution of the marriage that was solemnized on the 11th day of April 2001 between him and the Respondent at Navrtan Palace, Mukandpur Punjab State, India. Upon marriage both parties cohabited as husband and wife at South C Estate Nairobi. Both parties are domiciled in the Republic of Kenya.
There is no issue between the parties. This petition was not defended and the Registrar issued the certificate to that effect on 29/9/05. The Petitioner thus gave evidence in support of the petition and reiterated the particulars of cruelty and desertions, which are stipulated under ground 6 of by the petition.
According to the Petitioner, the Respondent deserted the matrimonial home on 27th September 2003 without any lawful excuse. Due to this desertion the Petitioner complained that he suffered tremendous emotional and psychological stress. All the Petitioner’s attempts to reconcile have not been successful and therefore he sought for the dissolution of the marriage as he contended he did not condone the acts of desertion nor was the petition presented in collusion.
I have carefully examined the petition’s evidence in support of this petition. I am satisfied that the Petitioner has proved his case to the required standard. As a result of desertion by the respondent he has suffered. I am also satisfied that this petition was to present through collusion but for reasons that the relationship was broken down irretrievably.
Accordingly I hereby pronounce the decree of divorce and dissolve the marriage that was solemnized o 11th day of April 2001. The decree nisi shall issue after the statutory period of three (3) months.
Since this was an undefended matter the Petitioner shall bear his own costs.
It is so ordered.
Judgment read and signed on 20th January 2006.
M. Koome
Judge