[2004] KEHC 1711 (KLR)
The court found that the respondent deserted the matrimonial home in 2000, took all household goods and personal effects, and has not communicated or cohabited with the petitioner since. The evidence of cruelty and desertion was unchallenged as the petition was undefended. The court was satisfied that the marriage...
Source-derived case information.
- Citation
- [2004] KEHC 1711 (KLR)
- Parties
- Petitioner: James Irungu Mugwe; Respondent: Rosemary Wanjiru Irungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 155 of 2002
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- FI Koome
- Legal Topics
- Divorce, Cruelty, Desertion, Irretrievable Breakdown, Matrimonial Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Irungu Mugwe
Petitioner
Rosemary Wanjiru Irungu
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent's conduct amounted to cruelty towards the petitioner.
- 2 Whether the respondent deserted the matrimonial home without reasonable cause.
- 3 Whether the marriage has irretrievably broken down and should be dissolved.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home in 2000, took all household goods and personal effects, and has not communicated or cohabited with the petitioner since. The evidence of cruelty and desertion was unchallenged as the petition was undefended. The court was satisfied that the marriage had irretrievably broken down due to desertion and that there was no collusion between the parties. Accordingly, the court dissolved the marriage on the grounds of desertion and ordered a decree nisi to issue for six months.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage solemnized on 16th May 1998 is dissolved.
- A decree nisi shall issue for a period of six months.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO. 155 OF 2002
JAMES IRUNGU MUGWE……………………………………………..PETITIONER Versus ROSEMARY WANJIRU IRUNGU…………………………………RESPONDENT
JUDGMENT
The petitioner in this divorce cause has petitioned for the dissolution of the marriage solemnized between him and the respondent on 16th May 1998 at Jedidia Church Mwiki.
After the marriage the parties resided at Kasarani – Mwiki and in Dandora Estate within Nairobi. There is one issue to the said marriage a male child and born in 1999.
This petition was not defended and was certified as undefended cause on 18th September 2003. The petitioner presented the following evidence in support of the grounds of divorce stipulated in the petition.
He testified and gave detailed incidences of cruelty both physical and verbal that was unleashed to him by the respondent. The respondent was always sullen, ill-tempered and had violent tendencies. Apart from cruelty sometime in the year 2000, the respondent deserted the matrimonial home and carried away all the household goods including all the personal effects of the petitioner.
All the efforts by the petitioner to trace the respondent failed and there has been no communication or cohabitation. According to the petitioner the marriage is irretrievably broken down and there are no chances of reconciliation.
I have given due consideration to the petitioner’s, testimony in support of the petition and the particulars of cruelty and desertion. I am satisfied that since the respondent deserted in the year 2000 and has not been in communication this marriage is broken down on the grounds of desertion.
I am also satisfied that the petitioner herein has not presented or prosecuted this petition in collusion with the respondent.
Accordingly the marriage solemnized on 16th May 1998 is hereby dissolved. The decree nisi shall issue for a period of six (6) months.
There shall be no order as to costs.
It is so ordered.
Judgment read and signed on 26th March 2004.
MARTHA KOOME
JUDGE