[2013] KEHC 4963 (KLR)

[2013] KEHC 4963 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted him without cause in November 2005 and that the desertion had continued for more than three years prior to the presentation of the petition. There was no evidence of misconduct by the Petitioner, no condonation of the desertion, and no collusion between the parties. The statutory requirements under Section 8(1)(b) of the Matrimonial Causes Act were satisfied. The court therefore granted the decree of divorce on the ground of desertion, issuing a decree nisi to be made absolute after three months, and declined to grant any relief not specifically sought in the petition.

Citation
[2013] KEHC 4963 (KLR)
Parties
Applicant: D. B.; Respondent: B. P. B.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 February 2013
Case Number
Divorce Cause 62 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved on ground of desertion.
Legal Topics
Divorce, Desertion, Custody of Children, Matrimonial Property
Source Language
English
Family and Children Divorce Desertion Custody of Children Matrimonial Property

Case Brief

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Parties

D. B.

Applicant

B. P. B.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without cause for at least three years preceding the petition.
  2. 2 Whether the Petitioner is entitled to dissolution of the marriage on the ground of desertion.

Ratio Decidendi

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted him without cause in November 2005 and that the desertion had continued for more than three years prior to the presentation of the petition. There was no evidence of misconduct by the Petitioner, no condonation of the desertion, and no collusion between the parties. The statutory requirements under Section 8(1)(b) of the Matrimonial Causes Act were satisfied. The court therefore granted the decree of divorce on the ground of desertion, issuing a decree nisi to be made absolute after three months, and declined to grant any relief not specifically sought in the petition.

Court Disposition

Petition allowed. Marriage dissolved on ground of desertion.

Orders

  • A decree nisi of divorce is issued forthwith dissolving the marriage between the Petitioner and the Respondent on the ground of desertion.
  • The decree nisi shall be made absolute on application after the expiry of three months from this pronouncement, subject to Section 15 of the Matrimonial Causes Act.