[2014] KEHC 6462 (KLR)

[2014] KEHC 6462 (KLR)

The court found that the respondent had deserted the petitioner and their children for extended periods, failed to communicate or provide financial support, and allowed his family to subject the petitioner to abuse and threats. The respondent did not contest the petition or provide any evidence to the contrary. The...

Source-derived case information.

Citation
[2014] KEHC 6462 (KLR)
Parties
Petitioner: D R V; Respondent: M M V
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2014
Case Number
Divorce Cause 3 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody granted to petitioner
Judges
DN Musyoka
Legal Topics
Divorce, Child Custody, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Child Custody Matrimonial Breakdown

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Summary, issues, holding and outcome

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Parties

D R V

Petitioner

M M V

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner and the children, amounting to grounds for divorce.
  2. 2 Whether the respondent subjected the petitioner to cruelty and failed to provide financial support.
  3. 3 Whether the marriage has irretrievably broken down.

Ratio Decidendi

The court found that the respondent had deserted the petitioner and their children for extended periods, failed to communicate or provide financial support, and allowed his family to subject the petitioner to abuse and threats. The respondent did not contest the petition or provide any evidence to the contrary. The court was satisfied that the marriage had irretrievably broken down due to the respondent's conduct, and there was no evidence of collusion or condonation. Accordingly, the court granted the dissolution of the marriage, issued a decree nisi, and awarded custody of the children to the petitioner.

Court Disposition

petition allowed; marriage dissolved; custody granted to petitioner

Orders

  • The marriage celebrated between the petitioner and respondent on 23rd August 1998 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute after thirty (30) days.