[2010] KEHC 3306 (KLR)

[2010] KEHC 3306 (KLR)

The court found that the respondent's disappearance and lack of communication for nearly ten years, despite the petitioner's efforts to trace him, constituted constructive desertion as defined by the Matrimonial Causes Act. The statutory period of three years had elapsed before the petition was filed, and the respondent's failure to respond to the proceedings further evidenced his lack of interest in the marriage. The court was satisfied that the ground of desertion had been proved and that the requirements for dissolution of marriage were met. Accordingly, the petition for divorce was allowed and a decree nisi was issued to be made absolute within three months.

Citation
[2010] KEHC 3306 (KLR)
Parties
Petitioner: M.D; Respondent: J.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
26 March 2010
Case Number
Divorce Cause 58 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed
Judges
JV Juma
Legal Topics
Divorce, Desertion, Matrimonial Causes Act, Constructive Desertion
Source Language
English
Family and Children Divorce Desertion Matrimonial Causes Act Constructive Desertion

Case Brief

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Parties

M.D

Petitioner

J.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to constructive desertion under the Matrimonial Causes Act.
  2. 2 Whether the statutory requirements for dissolution of marriage have been met.

Ratio Decidendi

The court found that the respondent's disappearance and lack of communication for nearly ten years, despite the petitioner's efforts to trace him, constituted constructive desertion as defined by the Matrimonial Causes Act. The statutory period of three years had elapsed before the petition was filed, and the respondent's failure to respond to the proceedings further evidenced his lack of interest in the marriage. The court was satisfied that the ground of desertion had been proved and that the requirements for dissolution of marriage were met. Accordingly, the petition for divorce was allowed and a decree nisi was issued to be made absolute within three months.

Court Disposition

petition allowed

Orders

  • A decree nisi is issued to be made absolute within three months of the judgment date.