[2006] KEHC 501 (KLR)

[2006] KEHC 501 (KLR)

The court found that the respondent deserted the petitioner without reasonable cause in early 1989 and that the parties had not cohabited since. The evidence of desertion was uncontroverted, and the petition was filed more than three years after the alleged desertion. Under the Matrimonial Causes Act, this constitutes a valid ground for dissolution of marriage. The court accepted the petitioner's evidence as true and determined that the legal requirements for dissolution had been met.

Citation
[2006] KEHC 501 (KLR)
Parties
Petitioner: E.K.K.; Respondent: T.M.K.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 November 2006
Case Number
Divorce Cause 116 of 2002
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Causes, Decree Nisi
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Causes Decree Nisi

Case Brief

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Parties

E.K.K.

Petitioner

T.M.K.

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without reasonable cause for a continuous period of at least three years prior to the filing of the petition.
  2. 2 Whether the petitioner is entitled to dissolution of marriage under the Matrimonial Causes Act.

Ratio Decidendi

The court found that the respondent deserted the petitioner without reasonable cause in early 1989 and that the parties had not cohabited since. The evidence of desertion was uncontroverted, and the petition was filed more than three years after the alleged desertion. Under the Matrimonial Causes Act, this constitutes a valid ground for dissolution of marriage. The court accepted the petitioner's evidence as true and determined that the legal requirements for dissolution had been met.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree nisi to be made absolute within 15 days.