[2008] KEHC 3318 (KLR)

[2008] KEHC 3318 (KLR)

The court found that the Respondent deserted the Petitioner and their child without justification or communication for approximately five years. The Petitioner was not accessory to or did not connive at the desertion, nor did she collude in the petition. The marriage had irretrievably broken down due to the...

Source-derived case information.

Citation
[2008] KEHC 3318 (KLR)
Parties
Applicant: J.W; Respondent: P.L.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 April 2008
Case Number
Divorce Cause 1 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of child granted to Petitioner. Costs to Petitioner.
Judges
KH Rawal
Legal Topics
Divorce, Desertion, Custody of Children
Source Language
english
Family and Children Divorce Desertion Custody of Children

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Parties

J.W

Applicant

P.L.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without justification.
  2. 2 Whether the Petitioner is entitled to dissolution of marriage on the ground of desertion.
  3. 3 Whether the Petitioner is entitled to custody, care and control of the child of the marriage.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner and their child without justification or communication for approximately five years. The Petitioner was not accessory to or did not connive at the desertion, nor did she collude in the petition. The marriage had irretrievably broken down due to the Respondent's desertion. The legal requirements for dissolution of marriage on the ground of desertion were satisfied. The Petitioner was therefore entitled to a decree of divorce, custody of the child, and costs of the petition.

Court Disposition

Petition allowed. Marriage dissolved. Custody of child granted to Petitioner. Costs to Petitioner.

Orders

  • The marriage between the parties solemnized on 17th January, 1996 is dissolved.
  • The Respondent to pay costs of the petition.