[2011] KEHC 3981 (KLR)

[2011] KEHC 3981 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause for a period exceeding three years prior to the filing of the petition. The evidence of desertion was uncontroverted, as the respondent did not file any answer or contest the petition. The statutory requirements for dissolution of...

Source-derived case information.

Citation
[2011] KEHC 3981 (KLR)
Parties
Petitioner: B.S.K; Respondent: S.K.K
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
17 February 2011
Case Number
Divorce Cause 3 of 2009
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Judges
SP Ouko
Legal Topics
Divorce, Desertion, Custody and Access, Hindu Marriage, Matrimonial Causes
Source Language
english
Family and Children Divorce Desertion Custody and Access Hindu Marriage Matrimonial Causes

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Summary, issues, holding and outcome

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Parties

B.S.K

Petitioner

S.K.K

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without reasonable cause for a period of at least three years preceding the petition.
  2. 2 Whether the petitioner is entitled to dissolution of marriage on the ground of desertion.
  3. 3 Whether the petitioner is entitled to custody or access to the last born child.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause for a period exceeding three years prior to the filing of the petition. The evidence of desertion was uncontroverted, as the respondent did not file any answer or contest the petition. The statutory requirements for dissolution of marriage on the ground of desertion under Section 10(b) of the Hindu Marriage and Divorce Act were satisfied. The court therefore granted the dissolution of the marriage. The prayer for custody and access was deemed moot as the last born child had attained the age of majority by the time of judgment.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and the respondent is hereby dissolved.
  • A decree nisi to issue immediately and will be made absolute after the expiration of six months.