[2007] KEHC 3100 (KLR)

[2007] KEHC 3100 (KLR)

The court found that a valid marriage existed between the petitioner and respondent, and that the petitioner was domiciled in Kenya at the time of filing the petition. The petitioner established the ground of desertion as required by section 8(1)(b) of the Matrimonial Causes Act, with evidence showing the respondent deserted the matrimonial home from October 2002 and did not resume cohabitation. The respondent admitted the desertion and did not challenge the evidence. The court determined that the marriage had broken down irretrievably, with no prospects of reconciliation, and that the petition was not filed in collusion or connivance. The court adopted the parties' consent on custody,...

Citation
[2007] KEHC 3100 (KLR)
Parties
Applicant: C.D.M; Respondent: N.P.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 March 2007
Case Number
Divorce Cause 28 of 2006
Procedural Posture
Divorce Cause / Final Judgment
Outcome
Petition allowed; marriage dissolved; orders on custody, care, access, and maintenance granted as per consent.
Judges
GMA Dulu
Legal Topics
Dissolution of Marriage, Desertion, Custody of Children, Maintenance of Children
Source Language
English
Family and Children Dissolution of Marriage Desertion Custody of Children Maintenance of Children

Case Brief

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Parties

C.D.M

Applicant

N.P.M

Respondent

Procedural Posture

Divorce Cause / Final Judgment

Legal Issues

  1. 1 Whether there existed a marriage between the petitioner and respondent capable of being dissolved.
  2. 2 Whether the petitioner was domiciled in Kenya at the time of presenting the petition.
  3. 3 Whether the ground of desertion was proved as required by law.

Ratio Decidendi

The court found that a valid marriage existed between the petitioner and respondent, and that the petitioner was domiciled in Kenya at the time of filing the petition. The petitioner established the ground of desertion as required by section 8(1)(b) of the Matrimonial Causes Act, with evidence showing the respondent deserted the matrimonial home from October 2002 and did not resume cohabitation. The respondent admitted the desertion and did not challenge the evidence. The court determined that the marriage had broken down irretrievably, with no prospects of reconciliation, and that the petition was not filed in collusion or connivance. The court adopted the parties' consent on custody,...

Court Disposition

Petition allowed; marriage dissolved; orders on custody, care, access, and maintenance granted as per consent.

Orders

  • The marriage between the petitioner and respondent is dissolved; decree nisi to issue forthwith, to be made absolute after three months.
  • The petitioner and respondent to have joint custody of the children S.M.M and S.E.M.