[2014] KEHC 5035 (KLR)

[2014] KEHC 5035 (KLR)

The court found that the respondent deserted the petitioner without cause for a period exceeding three years prior to the filing of the petition, satisfying the statutory ground for divorce under Section 8(i)(b) of the Matrimonial Causes Act 2008. The court also held that the respondent's failure to provide for the family and abandonment of his responsibilities constituted cruelty. The evidence presented by the petitioner was uncontroverted, as the respondent did not participate in the proceedings. Consequently, the court granted the petition for divorce, issued a decree nisi to be made absolute within three months, and directed that the status quo regarding custody of the child be...

Citation
[2014] KEHC 5035 (KLR)
Parties
Petitioner: C J K; Respondent: S O O
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
30 May 2014
Case Number
Divorce Cause 8 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed. Decree nisi to issue, to be made absolute within three months. Custody of the child to remain with the petitioner pending further orders. Maintenance to be addressed before the Children Court.
Judges
JV Juma
Legal Topics
Divorce, Desertion, Custody of Children, Maintenance, Matrimonial Causes, Cruelty
Source Language
English
Family and Children Divorce Desertion Custody of Children Maintenance Matrimonial Causes Cruelty

Case Brief

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

C J K

Petitioner

S O O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner for at least three years preceding the petition.
  2. 2 Whether the petitioner is entitled to a decree of divorce on grounds of desertion and cruelty.
  3. 3 Whether the petitioner is entitled to custody and maintenance orders for the child.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause for a period exceeding three years prior to the filing of the petition, satisfying the statutory ground for divorce under Section 8(i)(b) of the Matrimonial Causes Act 2008. The court also held that the respondent's failure to provide for the family and abandonment of his responsibilities constituted cruelty. The evidence presented by the petitioner was uncontroverted, as the respondent did not participate in the proceedings. Consequently, the court granted the petition for divorce, issued a decree nisi to be made absolute within three months, and directed that the status quo regarding custody of the child be...

Court Disposition

Petition for divorce allowed. Decree nisi to issue, to be made absolute within three months. Custody of the child to remain with the petitioner pending further orders. Maintenance to be addressed before the Children Court.

Orders

  • Petition for divorce is allowed.
  • Decree nisi to issue, to be made absolute within three months.