[2015] KEHC 6626 (KLR)

[2015] KEHC 6626 (KLR)

The court found that the respondent deserted the petitioner without lawful cause on 31st May 2009 and has not returned since, satisfying the statutory requirement of desertion for at least three years prior to the petition. The petitioner's evidence of cruelty and desertion was unchallenged and credible. The respondent's cross-petition was unsupported by evidence and was dismissed. The court concluded that the marriage had irretrievably broken down, and there was no possibility of reconciliation. The petitioner had not condoned the respondent's conduct, nor was there collusion. Accordingly, the court ordered dissolution of the marriage, granted the petitioner sole custody of the children,...

Citation
[2015] KEHC 6626 (KLR)
Parties
Petitioner: E I I; Respondent: M R O
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
29 January 2015
Case Number
Divorce Cause 251 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; cross-petition dismissed
Judges
REA Ougo
Legal Topics
Divorce, Custody of Children, Desertion, Cruelty, Maintenance, Visitation Rights
Source Language
English
Family and Children Divorce Custody of Children Desertion Cruelty Maintenance Visitation Rights

Case Brief

Summary, issues, holding and outcome

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Parties

E I I

Petitioner

M R O

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without lawful cause for a period sufficient to warrant dissolution of marriage.
  2. 2 Whether the respondent treated the petitioner with cruelty as alleged.
  3. 3 Whether the marriage has irretrievably broken down under the applicable law.

Ratio Decidendi

The court found that the respondent deserted the petitioner without lawful cause on 31st May 2009 and has not returned since, satisfying the statutory requirement of desertion for at least three years prior to the petition. The petitioner's evidence of cruelty and desertion was unchallenged and credible. The respondent's cross-petition was unsupported by evidence and was dismissed. The court concluded that the marriage had irretrievably broken down, and there was no possibility of reconciliation. The petitioner had not condoned the respondent's conduct, nor was there collusion. Accordingly, the court ordered dissolution of the marriage, granted the petitioner sole custody of the children,...

Court Disposition

petition allowed; cross-petition dismissed

Orders

  • The marriage between the petitioner and respondent celebrated on 13th February 2004 is dissolved.
  • The petitioner is granted sole custody of the children of the marriage.