[2004] KEHC 1689 (KLR)

[2004] KEHC 1689 (KLR)

The court found that the Respondent was guilty of constructive desertion as pleaded by the Petitioner, which led to the irretrievable breakdown of the marriage. The evidence adduced by the Petitioner was unchallenged, as the Respondent did not present oral evidence or substantively contest the allegations. The court...

Source-derived case information.

Citation
[2004] KEHC 1689 (KLR)
Parties
Applicant: J.W.M; Respondent: M.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 January 2004
Case Number
? 7 of 2001
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Divorce, Constructive Desertion, Matrimonial Breakdown, Custody Orders
Source Language
english
Family and Children Divorce Constructive Desertion Matrimonial Breakdown Custody Orders

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Summary, issues, holding and outcome

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Parties

J.W.M

Applicant

M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent was guilty of cruelty and constructive desertion as grounds for dissolution of marriage.
  2. 2 Whether the marriage between the Petitioner and Respondent had irretrievably broken down.
  3. 3 Whether there was any connivance, condonation, or collusion between the parties.

Ratio Decidendi

The court found that the Respondent was guilty of constructive desertion as pleaded by the Petitioner, which led to the irretrievable breakdown of the marriage. The evidence adduced by the Petitioner was unchallenged, as the Respondent did not present oral evidence or substantively contest the allegations. The court was satisfied that there was no collusion, connivance, or condonation and that the Petition was not prosecuted with unreasonable delay. Accordingly, the court pronounced a decree of divorce, dissolving the marriage between the parties, and ordered that a decree nisi issue to be made absolute upon application. No orders were made as to custody or costs due to prior consent and...

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • A decree nisi shall issue dissolving the marriage between the Petitioner and the Respondent, to be made absolute upon application.
  • No orders as to custody due to prior consent orders.