[2009] KEHC 564 (KLR)

[2009] KEHC 564 (KLR)

The court found that the petitioner had proved the ground of desertion as the respondent had stayed away from the matrimonial home since 2000, and the petition was filed more than three years after the desertion, satisfying the statutory requirement under section 8(1)(b) of the Matrimonial Causes Act. The respondent did not contest the petition or the evidence presented. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution. Custody, care, and control of the children were granted to the petitioner in accordance with the consent filed by both parties. Costs were not awarded as the respondent did not defend the proceedings.

Citation
[2009] KEHC 564 (KLR)
Parties
Petitioner: MDJ; Respondent: SWA
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 November 2009
Case Number
Divorce Cause 9 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved; custody of children granted to petitioner; no order as to costs.
Legal Topics
Divorce, Custody of Children, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Custody of Children Matrimonial Breakdown

Case Brief

Summary, issues, holding and outcome

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Parties

MDJ

Petitioner

SWA

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petitioner has proved the ground of desertion for dissolution of marriage.
  2. 2 Whether the petitioner is entitled to custody, care and control of the children of the marriage.
  3. 3 Whether costs should be awarded to the petitioner.

Ratio Decidendi

The court found that the petitioner had proved the ground of desertion as the respondent had stayed away from the matrimonial home since 2000, and the petition was filed more than three years after the desertion, satisfying the statutory requirement under section 8(1)(b) of the Matrimonial Causes Act. The respondent did not contest the petition or the evidence presented. The court concluded that the marriage had irretrievably broken down and granted a decree nisi for dissolution. Custody, care, and control of the children were granted to the petitioner in accordance with the consent filed by both parties. Costs were not awarded as the respondent did not defend the proceedings.

Court Disposition

Petition allowed; marriage dissolved; custody of children granted to petitioner; no order as to costs.

Orders

  • A decree nisi for the dissolution of the marriage between the petitioner and respondent, to be made absolute after six months.
  • Custody, care and control of the two children of the marriage granted to the petitioner.