[2013] KEHC 4826 (KLR)

[2013] KEHC 4826 (KLR)

The court found that the Petitioner had proved, on a balance of probabilities, that the Respondent deserted the matrimonial home in November 2008 and had not returned or communicated since. The statutory period of desertion required under section 8(1)(b) of the Matrimonial Causes Act was satisfied, as the parties had been separated for nearly four years by the time of hearing. The Respondent's failure to respond or participate in the proceedings further supported the Petitioner's case. The court therefore granted the dissolution of the marriage on the ground of desertion.

Citation
[2013] KEHC 4826 (KLR)
Parties
Applicant: E. G. C.; Respondent: M. C. F.
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
15 February 2013
Case Number
Divorce Cause 38 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for dissolution of marriage granted.
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Causes Act, Non Communication, Separation Period
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Causes Act Non Communication Separation Period

Case Brief

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Parties

E. G. C.

Applicant

M. C. F.

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner for the statutory period required for dissolution of marriage.
  2. 2 Whether the Petitioner is entitled to dissolution of 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 the matrimonial home in November 2008 and had not returned or communicated since. The statutory period of desertion required under section 8(1)(b) of the Matrimonial Causes Act was satisfied, as the parties had been separated for nearly four years by the time of hearing. The Respondent's failure to respond or participate in the proceedings further supported the Petitioner's case. The court therefore granted the dissolution of the marriage on the ground of desertion.

Court Disposition

Petition for dissolution of marriage granted.

Orders

  • The marriage between the Petitioner and Respondent solemnised on 9th October 2007 is dissolved.
  • No order as to costs.