[2011] KEHC 2289 (KLR)

[2011] KEHC 2289 (KLR)

The court found that the respondent deserted the petitioner without cause within one week of marriage and has not returned since January 2006. The petition was filed more than three years after the desertion, satisfying the statutory requirement under section 81(1) of the Matrimonial Causes Act. The respondent did not contest the evidence, and there was no indication that the petitioner made the matrimonial home intolerable or engaged in constructive desertion. The court concluded that the petitioner was entitled to dissolution of the marriage on the ground of desertion.

Citation
[2011] KEHC 2289 (KLR)
Parties
Petitioner: M.F.A.; Respondent: M.K.A.
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
30 May 2011
Case Number
Divorce Cause 6 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition granted. Decree Nisi to issue and be made absolute within the statutory period.
Legal Topics
Divorce, Desertion, Matrimonial Causes Act, Irretrievable Breakdown, Decree Nisi, Pleadings
Source Language
English
Family and Children Divorce Desertion Matrimonial Causes Act Irretrievable Breakdown Decree Nisi Pleadings

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Parties

M.F.A.

Petitioner

M.K.A.

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 petitioner is entitled to dissolution of marriage on the ground of desertion under section 81(1) of the Matrimonial Causes Act.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause within one week of marriage and has not returned since January 2006. The petition was filed more than three years after the desertion, satisfying the statutory requirement under section 81(1) of the Matrimonial Causes Act. The respondent did not contest the evidence, and there was no indication that the petitioner made the matrimonial home intolerable or engaged in constructive desertion. The court concluded that the petitioner was entitled to dissolution of the marriage on the ground of desertion.

Court Disposition

Petition granted. Decree Nisi to issue and be made absolute within the statutory period.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree Nisi to issue forthwith and be made absolute within the statutory period.