[2001] KEHC 182 (KLR)

[2001] KEHC 182 (KLR)

The court found that the petitioner had established, through uncontroverted evidence, that the respondent deserted her without reasonable cause for a period exceeding three years prior to the filing of the petition. The absence of any rebuttal or evidence from the respondent led the court to accept the petitioner's...

Source-derived case information.

Citation
[2001] KEHC 182 (KLR)
Parties
Applicant: F M. M; Respondent: H M. M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 August 2001
Case Number
Divorce Cause 88 of 2001
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Dissolution of Marriage
Source Language
english
Family and Children Divorce Desertion Dissolution of Marriage

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Summary, issues, holding and outcome

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Parties

F M. M

Applicant

H M. M

Respondent

Procedural Posture

Divorce Cause / 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 marriage should be dissolved on the ground of desertion.

Ratio Decidendi

The court found that the petitioner had established, through uncontroverted evidence, that the respondent deserted her without reasonable cause for a period exceeding three years prior to the filing of the petition. The absence of any rebuttal or evidence from the respondent led the court to accept the petitioner's account in its entirety. Consequently, the legal threshold for dissolution of marriage on the ground of desertion was met, warranting the granting of a decree nisi to be made absolute within three months.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage celebrated between the parties is dissolved.
  • Decree nisi to be made absolute within three months of the date hereof.