[2011] KEHC 672 (KLR)

[2011] KEHC 672 (KLR)

The court found that the Respondent deserted the Petitioner for no apparent reason and failed to provide any explanation despite being served and given an opportunity to respond. The court held that such unexplained and unprovoked desertion amounts to cruelty as contemplated by Section 8(1)(c) of the Matrimonial Causes Act. The Petitioner was thus denied the companionship and conjugal rights due to him as a husband for three years. The court was satisfied that the ground of cruelty had been proved and allowed the prayer for dissolution of the marriage.

Citation
[2011] KEHC 672 (KLR)
Parties
Petitioner: J. A. B. V Alias J.B; Respondent: M.A.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
11 October 2011
Case Number
Divorce Cause 12 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Causes, Desertion, Cruelty, Civil Marriage
Source Language
English
Family and Children Divorce Matrimonial Causes Desertion Cruelty Civil Marriage

Case Brief

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Parties

J. A. B. V Alias J.B

Petitioner

M.A.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent's unexplained desertion amounts to cruelty under the Matrimonial Causes Act.
  2. 2 Whether the Petitioner is entitled to dissolution of marriage on the grounds pleaded.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner for no apparent reason and failed to provide any explanation despite being served and given an opportunity to respond. The court held that such unexplained and unprovoked desertion amounts to cruelty as contemplated by Section 8(1)(c) of the Matrimonial Causes Act. The Petitioner was thus denied the companionship and conjugal rights due to him as a husband for three years. The court was satisfied that the ground of cruelty had been proved and allowed the prayer for dissolution of the marriage.

Court Disposition

petition allowed

Orders

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