[2010] KEHC 36 (KLR)

The court found that the petitioner had established, on a balance of probabilities, the ground of desertion by the respondent since 1st December 2006. The evidence showed that the parties had not resumed cohabitation and reconciliation was unlikely. The court was satisfied that the marriage had irretrievably broken down and granted the petition for divorce. The petitioner was also granted custody of the child, as no evidence was presented to the contrary and it was in the best interests of the child.

Citation: [2010] KEHC 36 (KLR)
Parties: Petitioner: J.V.C; Respondent: V.K.C
Court: High Court
Court Station: High Court at Nairobi (Milimani Law Courts)
Jurisdiction: Kenya
Judgment Date: 8 April 2010
Case Number: Divorce Cause 50 of 2010
Procedural Posture: Divorce Cause / Judgment
Outcome: Petition for divorce granted; marriage dissolved; custody of child granted to petitioner; no order as to costs.
Judges: LK Kimaru
Legal Topics: Divorce, Custody of Children, Desertion, Irretrievable Breakdown of Marriage
Source Language: English

Family and Children Divorce Custody of Children Desertion Irretrievable Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2

Parties

J.V.C

Petitioner

V.K.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

1 Whether the petitioner established the ground of desertion for dissolution of marriage.
2 Whether the petitioner is entitled to custody of the child of the marriage.

Ratio Decidendi

Court Disposition

Petition for divorce granted; marriage dissolved; custody of child granted to petitioner; no order as to costs.

Orders

The marriage celebrated between the petitioner and respondent on 22nd February 2002 is dissolved.
Decree nisi dissolving the marriage is issued, to be made absolute thirty (30) days from the date of judgment.