[2006] KEHC 503 (KLR)
The court found that the respondent deserted the petitioner without reasonable cause for more than three years, as evidenced by the uncontroverted testimony of the petitioner. There was no evidence of collusion, connivance, or condonation. The statutory requirements for dissolution of marriage on the ground of...
Source-derived case information.
- Citation
- [2006] KEHC 503 (KLR)
- Parties
- Petitioner: J.K.G; Respondent: L.G.K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 96 of 2006
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- KH Rawal
- Legal Topics
- Divorce, Matrimonial Offences, Desertion, Custody of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.K.G
Petitioner
L.G.K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage under Kenyan law.
- 2 Whether the respondent deserted the petitioner without reasonable cause.
- 3 Whether there was any collusion, connivance, or condonation by the petitioner.
Ratio Decidendi
The court found that the respondent deserted the petitioner without reasonable cause for more than three years, as evidenced by the uncontroverted testimony of the petitioner. There was no evidence of collusion, connivance, or condonation. The statutory requirements for dissolution of marriage on the ground of desertion were satisfied. Accordingly, the court allowed the petition and ordered the dissolution of the marriage solemnized on 4th October 1997.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage solemnized between the parties on 4th October, 1997 is dissolved.
- Decree nisi to be made absolute within 60 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Divorce Cause 96 of 2006
J.K.G ….…………………………… PETITIONER
VERSUS
L.G.K ….......................................RESPONDENT
JUDGMENT
This cause was certified as an undefended cause by the learned Deputy Registrar.
The Petitioner in his uncontroverted evidence testified that he married the Respondent on 4th October, 1997 at St. Philip’s Kihara, and theThey have two issues of marriage namely A.G a son aged 7 years and N.E a daughter of 6 years.
He testified that they both are citizens and residents of Republic of Kenya and there is no other proceedings filed or presented in respect of their marriage except the present cause.
He told the Court that in July, 2002, the Respondent left their matrimonial home after stabbing him with a kitchen knife and taking all household goods with her. She threatened him not to try reconciliation. She also took both the children with her despite his plea to leave them with him.
She has not come back since then. He sought the dissolution of marriage and confirmed that he has not connived at or condoned the desertion and that he has not colluded with her in presenting or prosecuting this cause.
This petition was filed on 11th July, 2006 more than three years after the Respondent deserted the Petitioner without reasonable cause.
The Petition is thus allowed and I order that the marriage solemnized between the parties on 4th October, 1997 be dissolved.
Decree nisi be made absolute within 60 days.
Dated and signed at Nairobi this 23rd day of November 2006
K.H. RAWAL
JUDGE
23. 11. 2006