[2014] KEHC 5980 (KLR)

[2014] KEHC 5980 (KLR)

The court found that the petitioner’s evidence of desertion was unchallenged and uncontroverted. The respondent left the matrimonial home in December 2009, taking all household goods, and has not returned since. There was no evidence or explanation provided by the respondent for her departure. The court held that the requirements of section 8(1)(b) of the Matrimonial Causes Act were satisfied, as the respondent deserted the petitioner for more than three years prior to the filing of the petition. The marriage was deemed to have irretrievably broken down, justifying the grant of a divorce decree.

Citation
[2014] KEHC 5980 (KLR)
Parties
Petitioner: I M M; Respondent: M A A
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
31 March 2014
Case Number
Divorce Cause 13 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Matrimonial Causes Act
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Matrimonial Causes Act

Case Brief

Summary, issues, holding and outcome

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Parties

I M M

Petitioner

M A A

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 dissolution of marriage under section 8(1)(b) of the Matrimonial Causes Act.

Ratio Decidendi

The court found that the petitioner’s evidence of desertion was unchallenged and uncontroverted. The respondent left the matrimonial home in December 2009, taking all household goods, and has not returned since. There was no evidence or explanation provided by the respondent for her departure. The court held that the requirements of section 8(1)(b) of the Matrimonial Causes Act were satisfied, as the respondent deserted the petitioner for more than three years prior to the filing of the petition. The marriage was deemed to have irretrievably broken down, justifying the grant of a divorce decree.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree nisi to issue to be made absolute within three months of today’s date.
  • No order on costs.