[2008] KEHC 2892 (KLR)

[2008] KEHC 2892 (KLR)

The court found that the petitioner had proved, on a balance of probabilities, the matrimonial offences of desertion and cruelty against the respondent. The respondent was duly served with the petition and notice to appear but failed to file any answer or contest the allegations. The court accepted the petitioner's...

Source-derived case information.

Citation
[2008] KEHC 2892 (KLR)
Parties
Applicant: B.M.G; Respondent: P.N.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 February 2008
Case Number
Divorce Cause 146 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Custody of Child
Source Language
english
Family and Children Divorce Matrimonial Offences Desertion Cruelty Custody of Child

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Summary, issues, holding and outcome

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Parties

B.M.G

Applicant

P.N.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent is guilty of desertion as alleged by the petitioner.
  2. 2 Whether the respondent is guilty of cruelty towards the petitioner.
  3. 3 Whether the petitioner is entitled to dissolution of marriage based on the alleged matrimonial offences.

Ratio Decidendi

The court found that the petitioner had proved, on a balance of probabilities, the matrimonial offences of desertion and cruelty against the respondent. The respondent was duly served with the petition and notice to appear but failed to file any answer or contest the allegations. The court accepted the petitioner's uncontroverted evidence, holding that each offence independently entitled the petitioner to dissolution of the marriage. The court therefore granted a decree of divorce, ordering that the marriage be dissolved, with a decree nisi to issue forthwith and to be made absolute after 30 days upon application. The prayer for making a Separation Deed an order of the court was denied as...

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • A decree of divorce is granted dissolving the marriage between the petitioner and respondent.
  • Decree nisi to issue forthwith, to be made absolute after 30 days upon application.