[2014] KEHC 5736 (KLR)

[2014] KEHC 5736 (KLR)

The court found that the respondent deserted the petitioner in December 2008 and had not returned by the time the petition was filed in October 2012, thus satisfying the statutory requirement of at least three years of desertion. The evidence was unchallenged as the respondent did not participate in the proceedings....

Source-derived case information.

Citation
[2014] KEHC 5736 (KLR)
Parties
Petitioner: I B W; Respondent: W B
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
14 April 2014
Case Number
Divorce Cause 51 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition for divorce allowed
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Causes, Desertion, Marriage Dissolution
Source Language
english
Family and Children Divorce Matrimonial Causes Desertion Marriage Dissolution

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Summary, issues, holding and outcome

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Parties

I B W

Petitioner

W B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for at least three years preceding the petition.
  2. 2 Whether the petitioner is entitled to a decree of divorce based on the ground of desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner in December 2008 and had not returned by the time the petition was filed in October 2012, thus satisfying the statutory requirement of at least three years of desertion. The evidence was unchallenged as the respondent did not participate in the proceedings. The court held that it would be unfair to require the petitioner to remain in a marriage where the respondent has shown no interest. Accordingly, the ground of desertion was proved, and the petition for divorce was allowed.

Court Disposition

petition for divorce allowed

Orders

  • Decree nisi to issue to be made absolute within three months from the date of judgment.
  • No order as to costs.