[1992] KEHC 162 (KLR)

[1992] KEHC 162 (KLR)

Both parties failed to prove cruelty to the required legal standard, as only one incident was cited and it did not amount to grave misconduct. However, the respondent established that the petitioner left the matrimonial home without her consent and with no intention of returning, and the petitioner failed to show justifiable cause for his departure. The court found the petitioner guilty of constructive desertion, warranting dissolution of the marriage on that ground. On custody, the court held that the welfare of the minor child is paramount and granted temporary custody to the petitioner pending determination of maintenance, after which custody would revert to the respondent with...

Citation
[1992] KEHC 162 (KLR)
Parties
Petitioner: A K; Respondent: Z N K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 July 1992
Case Number
Divorce Cause 37 of 1990
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition dismissed; cross-petition allowed; marriage dissolved on grounds of constructive desertion; costs to respondent.
Legal Topics
Dissolution of Marriage, Constructive Desertion, Child Custody, Maintenance, Matrimonial Property
Source Language
English
Family and Children Dissolution of Marriage Constructive Desertion Child Custody Maintenance Matrimonial Property

Case Brief

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Parties

A K

Petitioner

Z N K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner or respondent proved cruelty sufficient to warrant dissolution of marriage.
  2. 2 Whether constructive desertion by the petitioner was established as a ground for divorce.
  3. 3 Who should have custody of the minor child pending determination of maintenance.

Ratio Decidendi

Both parties failed to prove cruelty to the required legal standard, as only one incident was cited and it did not amount to grave misconduct. However, the respondent established that the petitioner left the matrimonial home without her consent and with no intention of returning, and the petitioner failed to show justifiable cause for his departure. The court found the petitioner guilty of constructive desertion, warranting dissolution of the marriage on that ground. On custody, the court held that the welfare of the minor child is paramount and granted temporary custody to the petitioner pending determination of maintenance, after which custody would revert to the respondent with...

Court Disposition

Petition dismissed; cross-petition allowed; marriage dissolved on grounds of constructive desertion; costs to respondent.

Orders

  • The marriage solemnized between the parties on 8/3/1975 is dissolved.
  • Decree nisi to issue forthwith and to be made absolute in six months.