[2014] KEHC 8386 (KLR)
The court found that the respondent deserted the matrimonial home without cause on 9th May 2010 and has not returned since, with no conjugal relationship between the parties from that date. The evidence of desertion was unchallenged. The court held that this constituted sufficient ground for dissolution of the...
Source-derived case information.
- Citation
- [2014] KEHC 8386 (KLR)
- Parties
- Petitioner: J S W; Respondent: J R W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 97 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Desertion, Custody and Maintenance, Separation Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J S W
Petitioner
J R W
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home without cause.
- 2 Whether the petitioner is entitled to dissolution of the marriage on the ground of desertion.
- 3 Whether the separation agreement regarding custody and maintenance of the children should be adopted by the court.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home without cause on 9th May 2010 and has not returned since, with no conjugal relationship between the parties from that date. The evidence of desertion was unchallenged. The court held that this constituted sufficient ground for dissolution of the marriage under the law. Additionally, the parties had entered into a separation agreement regarding the custody, care, control, and maintenance of the children, which the court found to be in order and adopted as binding. The marriage was therefore dissolved, and the separation agreement was incorporated into the judgment.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the petitioner and respondent is dissolved on the ground of desertion.
- Decree nisi to issue immediately and to become absolute after 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 97 OF 2013
J S W…………...…………….PETITIONER
VERSES
J R W……………………......RESPONDENT
JUDGMENT
The petitioner J S W and the respondent J R W got married on 13th August 1994 in the United States of America. They cohabited in the United States of America and eventually in several places in Kenya. The marriage was blessed with two children:-
S M W, born on 6th June 2002; and
K J W born on 19th February 2006.
The petitioner’s evidence was that on 9th May 2010 the respondent deserted the matrimonial home without any cause and has not returned since. There has been no conjugal relationship since that time. He petitioned for divorce on this ground. His evidence was not challenged.
On the ground of desertion, I order the dissolution of the marriage between the petitioner and the respondent. Decree nisi shall issue immediately and shall become absolute after the expiry of 30 days.
The petitioner and the respondent entered into a separation agreement dated 27th July 2011 which dealt with the custody, care, control and maintenance of the children of the marriage. The agreement is hereby adopted as binding and shall form part of this judgment.
DATED and DELIVERED at NAIROBI this 28th July 2014.
A.O. MUCHELULE
JUDGE