[2008] KEHC 2022 (KLR)

[2008] KEHC 2022 (KLR)

The court found that the respondent deserted the petitioner without cause for a period of nearly six years prior to the filing of the petition, satisfying the statutory ground for divorce under Section 8(1) of the Matrimonial Causes Act. The court was satisfied that the marriage had irretrievably broken down, as evidenced by the respondent's prolonged absence and lack of response to the proceedings. The petitioner had established the matrimonial offence of desertion, entitling him to a decree of divorce as prayed.

Citation
[2008] KEHC 2022 (KLR)
Parties
Petitioner: M.C.B; Respondent: S.P.B
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
6 June 2008
Case Number
Divorce Cause 20 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Divorce, Matrimonial Offences, Desertion, Irretrievable Breakdown, Service by Substituted Means
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Irretrievable Breakdown Service by Substituted Means

Case Brief

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Parties

M.C.B

Petitioner

S.P.B

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for at least three years preceding the petition.
  2. 2 Whether the marriage between the petitioner and respondent has irretrievably broken down and should be dissolved.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause for a period of nearly six years prior to the filing of the petition, satisfying the statutory ground for divorce under Section 8(1) of the Matrimonial Causes Act. The court was satisfied that the marriage had irretrievably broken down, as evidenced by the respondent's prolonged absence and lack of response to the proceedings. The petitioner had established the matrimonial offence of desertion, entitling him to a decree of divorce as prayed.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage solemnized between the petitioner and the respondent on 28th December, 1996, is hereby dissolved.
  • Decree nisi to issue.