[2007] KEHC 3378 (KLR)

[2007] KEHC 3378 (KLR)

The court found that the respondent deserted the petitioner without just cause, as evidenced by her departure to France two weeks after the marriage and her failure to return or respond to the divorce petition. The petitioner’s evidence was uncontested, and the respondent’s reasons for leaving were unknown. The court was satisfied that the petitioner had proved his case on a balance of probabilities and granted the order for dissolution of marriage.

Citation
[2007] KEHC 3378 (KLR)
Parties
Petitioner: C.M.; Respondent: K.H.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 October 2007
Case Number
Divorce Cause 70 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage granted.
Judges
JA Aluoch
Legal Topics
Dissolution of Marriage, Desertion, Marriage Certificate, Cohabitation, Service of Process
Source Language
English
Family and Children Dissolution of Marriage Desertion Marriage Certificate Cohabitation Service of Process

Case Brief

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Parties

C.M.

Petitioner

K.H.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without just cause.
  2. 2 Whether the petitioner is entitled to dissolution of marriage on grounds of desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner without just cause, as evidenced by her departure to France two weeks after the marriage and her failure to return or respond to the divorce petition. The petitioner’s evidence was uncontested, and the respondent’s reasons for leaving were unknown. The court was satisfied that the petitioner had proved his case on a balance of probabilities and granted the order for dissolution of marriage.

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue immediately and be made absolute within one month.