[2006] KEHC 3182 (KLR)
The court found that the respondent deserted the petitioner without just cause and that the petitioner did not condone or connive at the desertion. The evidence established that the marriage had broken down irretrievably due to the respondent's desertion. The court was satisfied that the legal requirements for...
Source-derived case information.
- Citation
- [2006] KEHC 3182 (KLR)
- Parties
- Petitioner: D W I; Respondent: J K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 20 of 2005
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition allowed. Marriage dissolved.
- Judges
- JA Aluoch
- Legal Topics
- Marriage Dissolution, Desertion, Irretrievable Breakdown, Undefended Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D W I
Petitioner
J K M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner without just cause.
- 2 Whether the petitioner connived at or condoned the respondent's desertion.
- 3 Whether the marriage has broken down irretrievably and should be dissolved.
Ratio Decidendi
The court found that the respondent deserted the petitioner without just cause and that the petitioner did not condone or connive at the desertion. The evidence established that the marriage had broken down irretrievably due to the respondent's desertion. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met, and therefore granted the order for dissolution of the marriage.
Court Disposition
Petition allowed. Marriage dissolved.
Orders
- The marriage between the petitioner and respondent is dissolved.
- A decree nisi is issued and will be made absolute within one month from the date of judgment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Divorce Cause 20 of 2005
D W I ……............................................………………….. PETITIONER
VERSUS
J K M ………………......................................…………… RESPONDENT
JUDGMENT
The petitioner D W I sought an order from this court to dissolve his marriage to J K M , on the grounds of the petitioner’s desertion.
The couple got married on 27th January, 2000 and lived in Umoja Innercore in Nairobi. They had no children. He produced a copy of the certificate of marriage which was attached to the petition.
The petitioner complained that in March, 2000 his wife disappeared. That he got home one evening and found that his wife was not at home and she did not leave any message behind.
The petitioner went to her parents who live in Buruburu estate in Nairobi, but did not find her, though he suspected they knew where she was because they were not surprised to learn that she had disappeared.
The petitioner went to look for his wife at her place of work, but she was not there, though he later learnt that she lives in Shaurimoyo estate in Nairobi. He has never been there to look for her.
The respondent was served with the petition as shown in the affidavit of service, which avers that she lives in house No. 12K. She did not file an answer to the petition, which was directed to be heard as undefended.
I have considered the evidence on record and I am satisfied that the respondent deserted her husband the petitioner with no just cause, to date. I am further satisfied that the petitioner did not connive at or condon the respondent’s act of desertion. Because of the desertion, the marriage between the 2 has broken down irretrievably. I therefore proceed to grant the petitioner an order to dissolve his marriage to the respondent. I also direct that the decree nisi be issued today and the same will be made absolute within a period of one month from today. The petitioner will pay his costs occasioned by these proceedings.
Dated at Nairobi this 17th day of March, 2006.
JOYCE ALUOCH
JUDGE