[2013] KEHC 1877 (KLR)

[2013] KEHC 1877 (KLR)

The court found that the statutory requirement of three years since the date of marriage had been satisfied, as the marriage took place in March 2007 and the petition was filed in October 2013. The court further found that the Respondent deserted the Petitioner in June 2008 and failed to return or communicate for over five years, with no valid reason for such abandonment. The evidence of desertion was uncontroverted, as the Respondent neither filed an answer nor appeared in court. The court held that the Respondent's conduct constituted willful and deliberate desertion under Section 8(1)(b) of the Matrimonial Causes Act, entitling the Petitioner to a decree of divorce. The petition was...

Citation
[2013] KEHC 1877 (KLR)
Parties
Petitioner: E S A.; Respondent: D J D.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
11 October 2013
Case Number
Divorce Cause 53 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Offences, Desertion, Matrimonial Causes Act, Undefended Petition
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Matrimonial Causes Act Undefended Petition

Case Brief

Summary, issues, holding and outcome

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Parties

E S A.

Petitioner

D J D.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the statutory period for filing a divorce petition under Section 6(1) of the Matrimonial Causes Act was satisfied.
  2. 2 Whether the Respondent deserted the Petitioner without cause for at least three years preceding the petition, justifying dissolution of marriage under Section 8(1)(b) of the Matrimonial Causes Act.

Ratio Decidendi

The court found that the statutory requirement of three years since the date of marriage had been satisfied, as the marriage took place in March 2007 and the petition was filed in October 2013. The court further found that the Respondent deserted the Petitioner in June 2008 and failed to return or communicate for over five years, with no valid reason for such abandonment. The evidence of desertion was uncontroverted, as the Respondent neither filed an answer nor appeared in court. The court held that the Respondent's conduct constituted willful and deliberate desertion under Section 8(1)(b) of the Matrimonial Causes Act, entitling the Petitioner to a decree of divorce. The petition was...

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree nisi to issue and be made absolute within three months of the judgment date.
  • Each party to bear their own costs.