[2009] KEHC 2006 (KLR)

[2009] KEHC 2006 (KLR)

The court found that the petitioner had established the ground of desertion, as the respondent had left the matrimonial home in 2000 and had not returned for approximately nine years. The evidence was uncontroverted, as the respondent did not testify or challenge the petitioner's account. The court held that the marriage had irretrievably broken down and should be dissolved. Regarding the child A.M 1, the court granted custody, care, and control to the petitioner, with the respondent to have unlimited access, considering the best interests of the child. Each party was ordered to bear their own costs.

Citation
[2009] KEHC 2006 (KLR)
Parties
Petitioner: L.K.J; Respondent: M.N.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
3 September 2009
Case Number
Divorce Cause 64 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of minor child granted to petitioner; unlimited access to respondent; each party to bear own costs.
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

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Parties

L.K.J

Petitioner

M.N.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner, thereby justifying dissolution of the marriage.
  2. 2 Whether the petitioner is entitled to custody, care, and control of the minor child A.M 1.

Ratio Decidendi

The court found that the petitioner had established the ground of desertion, as the respondent had left the matrimonial home in 2000 and had not returned for approximately nine years. The evidence was uncontroverted, as the respondent did not testify or challenge the petitioner's account. The court held that the marriage had irretrievably broken down and should be dissolved. Regarding the child A.M 1, the court granted custody, care, and control to the petitioner, with the respondent to have unlimited access, considering the best interests of the child. Each party was ordered to bear their own costs.

Court Disposition

Petition allowed; marriage dissolved; custody of minor child granted to petitioner; unlimited access to respondent; each party to bear own costs.

Orders

  • Decree nisi to issue forthwith and to be made absolute after the statutory period.
  • Custody, care, and control of A.M 1 granted to the petitioner.