[2009] KEHC 3004 (KLR)

[2009] KEHC 3004 (KLR)

The court found that the respondent willfully deserted the matrimonial home in 2004 without lawful excuse, and that both parties agreed the marriage had irretrievably broken down. The evidence satisfied the court that the ground of desertion had been proved to the required standard in matrimonial causes. There was no evidence of constructive desertion by the petitioner. The court concluded that nothing remained to sustain the marriage and granted an order dissolving it. The court also recognized the parties' agreement on shared custody of the children and the respondent's continued payment of maintenance, making orders accordingly.

Citation
[2009] KEHC 3004 (KLR)
Parties
Petitioner: MJ; Respondent: PCB
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
21 May 2009
Case Number
Divorce Cause 60 of 2008
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Decree nisi to be made absolute within 4 months. Shared custody and maintenance orders granted. No order as to costs.
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Child Custody, Child Maintenance
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Child Custody Child Maintenance

Case Brief

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Parties

MJ

Petitioner

PCB

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent should be dissolved on grounds of desertion and irretrievable breakdown.
  2. 2 Whether the petitioner is entitled to shared custody of the children and maintenance.
  3. 3 Whether the respondent willfully deserted the matrimonial home without lawful excuse.

Ratio Decidendi

The court found that the respondent willfully deserted the matrimonial home in 2004 without lawful excuse, and that both parties agreed the marriage had irretrievably broken down. The evidence satisfied the court that the ground of desertion had been proved to the required standard in matrimonial causes. There was no evidence of constructive desertion by the petitioner. The court concluded that nothing remained to sustain the marriage and granted an order dissolving it. The court also recognized the parties' agreement on shared custody of the children and the respondent's continued payment of maintenance, making orders accordingly.

Court Disposition

Petition allowed. Marriage dissolved. Decree nisi to be made absolute within 4 months. Shared custody and maintenance orders granted. No order as to costs.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • A decree nisi to be issued and made absolute within 4 months from the date of judgment.