[2005] KEHC 203 (KLR)

[2005] KEHC 203 (KLR)

The court found that the respondent had deserted the matrimonial home for over five years without reasonable cause or prospect of return, satisfying the legal threshold for desertion as a ground for dissolution of marriage. The court also accepted the petitioner's evidence that the respondent's act of inducing the...

Source-derived case information.

Citation
[2005] KEHC 203 (KLR)
Parties
Petitioner: H.F; Respondent: M.B.K
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
24 February 2005
Case Number
Divorce Cause 52 of 2004
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Desertion, Cruelty, Custody of Children
Source Language
english
Family and Children Divorce Desertion Cruelty Custody of Children

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Summary, issues, holding and outcome

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Parties

H.F

Petitioner

M.B.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home, justifying dissolution of marriage.
  2. 2 Whether the respondent's conduct amounted to cruelty towards the petitioner.

Ratio Decidendi

The court found that the respondent had deserted the matrimonial home for over five years without reasonable cause or prospect of return, satisfying the legal threshold for desertion as a ground for dissolution of marriage. The court also accepted the petitioner's evidence that the respondent's act of inducing the children to leave the home and the resulting mental anguish, including the death of one child, constituted cruelty. The petitioner abandoned his claim for damages but sought costs. The court, following traditional family law practice, declined to award costs against the respondent, holding that the petitioner would bear his own costs. The marriage was accordingly dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue, to be made absolute in due course.