[2002] KEHC 305 (KLR)
The court found that the respondent deserted the petitioner without just cause, as evidenced by her absence from the matrimonial home since 1985 and failure to respond to the petition or appear in court. The petitioner's evidence was unchallenged, and the circumstances demonstrated clear desertion. The court was...
Source-derived case information.
- Citation
- [2002] KEHC 305 (KLR)
- Parties
- Petitioner: G.M.M; Respondent: A.C.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 38 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage granted.
- Judges
- JA Aluoch
- Legal Topics
- Divorce, Desertion, Customary Marriage, Statutory Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G.M.M
Petitioner
A.C.M
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the petitioner without just cause.
- 2 Whether the petitioner is entitled to dissolution of marriage on grounds of desertion.
Ratio Decidendi
The court found that the respondent deserted the petitioner without just cause, as evidenced by her absence from the matrimonial home since 1985 and failure to respond to the petition or appear in court. The petitioner's evidence was unchallenged, and the circumstances demonstrated clear desertion. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met, and therefore granted the petition for divorce.
Court Disposition
Petition for dissolution of marriage granted.
Orders
- The marriage between the petitioner and the respondent is dissolved.
- The petitioner shall bear the costs of his own proceedings.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
DIVORCE CAUSE NO. 38 OF 2001
G.M.M ….….......………………………….PETITIONER
VERSUS
A.C.M……..……………………………..RESPONDENT
J U D G E M E N T
G.M.M prayed the court to dissolve his marriage to A.C.M, on grounds of desertion, whose particulars he gave on ground 8 of the petition.
The notice to the institution of this suit as well as the petition for Divorce were served on the Respondent by publication in the Daily Nation Newspaper, but the latter did not enter appearance or filed a defence. The Registrar therefore certified the matter to be heard as an undefended cause.
The Petitioner and the Respondent got married under the Kikuyu Customary Law in 1970 by the act of their families getting together, and the Petitioner’s father paying dowry to the Respondent’s family.
Subsequently in that on 22nd March, 1984 the 2 got married under the Marriage Act Cap 50 Laws of Kenya. The marriage certificate was annexed to the petition.
During the subsistence of the marriage the 2 lived in various placed as shown in the petition at para 3. They had one daughter born on 19th September, 1978. She is currently undertaking her studies in Canada. The Petitioner re-called that his wife had just completed her A level Secondary School education when they got married. The Petitioner then paid for her to train as a Secretary and was working for the[particulars witheld]. That she started coming home late claiming that she was busy at the office.
The Petitioner refused to accept that explanation and one day the Petitioner returned home suddenly and found that the Respondent had not returned home. She had also taken a total sum of Cash. Kshs.70,000/=; money they were putting together to buy a house. The Respondent never returned to the matrimonial house, and to-date, he does not know where she is.
He had earlier on in the marriage assisted the wife to become a Tanzanian citizen.
From the evidence on record, evidence which is not challenged I am satisfied that the Respondent deserted the Petitioner with no just cause. If she had anything to say, she should have responded to the notice and the summons but she did not. The Respondent’s absence from the Petitioner’s life and house since 1985, cannot be explained in anyway, except desertion.
I therefore proceed to grant the petition as order to dissolve his marriage to the Respondent. As the Respondent did not file any papers, let the Petitioner pay costs occasioned by his own proceedings.
Dated at Nairobi this 18th day of July, 2002.
JOYCE ALUOCH
JUDGE