[2003] KEHC 256 (KLR)
The court found that the respondent deserted the matrimonial home in November 2000, left the country, reacquired her original citizenship, and communicated her intention not to return to the petitioner. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, as the respondent failed...
Source-derived case information.
- Citation
- [2003] KEHC 256 (KLR)
- Parties
- Petitioner: Khamisi Sal Shungula; Respondent: Tatiana Grigorevna Shungula
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 27 of 2001
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce granted. Decree nisi to issue. No order as to costs.
- Legal Topics
- Divorce, Desertion, Matrimonial Breakdown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khamisi Sal Shungula
Petitioner
Tatiana Grigorevna Shungula
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home without reasonable cause.
- 2 Whether the petitioner is entitled to a decree of divorce based on the respondent's conduct.
Ratio Decidendi
The court found that the respondent deserted the matrimonial home in November 2000, left the country, reacquired her original citizenship, and communicated her intention not to return to the petitioner. The evidence of desertion and irretrievable breakdown of the marriage was unchallenged, as the respondent failed to appear or contest the proceedings. The court was satisfied that the petitioner had established grounds for divorce and accordingly granted a decree nisi dissolving the marriage.
Court Disposition
Petition for divorce granted. Decree nisi to issue. No order as to costs.
Orders
- A decree nisi for dissolution of marriage is granted.
- No order as to costs.
Full Case Text
Judgment text and source record
10 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO. 27 OF 2001
KHAMISI SAL SHUNGULA ………………………….. PETITIONER VERSUS TATIANA GRIGOREVNA SHUNGULA ……………… RESPONDENT
JUDGMENT
The Petitioner then a bachelor married the respondent then a spinster on 19th February 1975 in the Republic of Russia. They cohabited as man and wife living in Diani, Kwale District in Kenya upto November 2000 when the Respondent deserted the matrimonial home. The couple was blessed with two adult issues of the marriage aged 27 and 25 years respectively. The Respondent, though served with the petition failed to enter any appearance, file a defence or even appear at the hearing. It was the Petitioner’s unchallenged evidence that in November 2000 the Respondent left the matrimonial home saying she had found a job at the New Stanley Hotel at Nairobi and when the Petitioner called to find out when she would
be returning or visiting her matrimonial home, she said she wasn’t. On 10th December 2001 the Respondent left for Tel Aviv her original home and informed the Petitioner that she had acquired her original citizenship and was not coming back to him. She is currently living with another man. Consequently the Petitioner filed for this divorce.
Having heard the said evidence and there being no other evidence to the contrary, I grant the divorce and a Decree Nisi shall issue. There shall be no orders as to costs since the Respondent is already living outside the courts jurisdiction.
Dated and delivered this 30th day of May 2003. P.M. TUTUI COMMISSIONER OF ASSIZE