[2014] KEHC 8389 (KLR)
The court found that the respondent deserted the matrimonial home in November 2002, leaving the petitioner with their children and failing to return even after her deportation from the U.K. The evidence of desertion was unchallenged, as the respondent did not defend the petition. The court accepted the petitioner's...
Source-derived case information.
- Citation
- [2014] KEHC 8389 (KLR)
- Parties
- Petitioner: G N G; Respondent: F W G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 199 of 2012
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Matrimonial Breakdown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G N G
Petitioner
F W G
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home, thereby justifying the dissolution of the marriage.
- 2 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home in November 2002, leaving the petitioner with their children and failing to return even after her deportation from the U.K. The evidence of desertion was unchallenged, as the respondent did not defend the petition. The court accepted the petitioner's evidence and held that the marriage had irretrievably broken down due to desertion. Consequently, the court ordered the dissolution of the marriage on the ground of desertion, issuing a Decree Nisi to become absolute after 30 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and the respondent is dissolved.
- Decree Nisi shall issue and become absolute after 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 199 OF 2012
G N G …………….……...…PETITIONER
VERSUS
F W G…….………........…RESPONDENT
JUDGMENT
1. This petition was not defended and therefore the evidence of the petitioner in support of his quest for divorce was not challenged.
2. The petitioner and the respondent were on 20th November 1999 married at the Shrine of Mary Help Christians, Don Bosco Hill Catholic Church in Nairobi. They lived together as husband and wife at Upper Hill in Nairobi. The marriage was blessed with two children:-
N W G born on 28th November 1994; and
C R N G born on 17th November 1997.
3. The petitioner’s case was that in November 2002 the respondent secretly obtained a U.K. Visa. She deserted the matrimonial home and went back to her parents from where she left for the U.K. She left the petitioner with the children. Five years ago she was deported from the U.K. and came back to Kenya. She did not return to the matrimonial home. The couple has had no marital relationship since November 2002.
4. The petitioner sought divorce on the ground of desertion. I accept his evidence and on it order the dissolution of the marriage between him and the respondent. Decree Nisi shall issue and shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 12th June 2014.
A.O. MUCHELULE
JUDGE