[2008] KEHC 2023 (KLR)

[2008] KEHC 2023 (KLR)

The court found that the Respondent had deserted the matrimonial home since 1998 and had not returned for over six years by the time of filing the petition. The Respondent's conduct, including leaving a child locked in the house and failing to visit a hospitalized child, was deemed mentally cruel and indicative of a...

Source-derived case information.

Citation
[2008] KEHC 2023 (KLR)
Parties
Applicant: M.N.M; Respondent: E.M.M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
23 May 2008
Case Number
Divorce Cause 12 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed; marriage dissolved; custody of children granted to Petitioner; access to Respondent; each party to bear own costs.
Legal Topics
Divorce, Custody of Children, Matrimonial Offences, Desertion, Maintenance, Access Rights
Source Language
english
Family and Children Divorce Custody of Children Matrimonial Offences Desertion Maintenance Access Rights

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Summary, issues, holding and outcome

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Parties

M.N.M

Applicant

E.M.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent is guilty of desertion under the Matrimonial Causes Act.
  2. 2 Whether the marriage between the Petitioner and Respondent has irretrievably broken down.
  3. 3 Who should be granted custody of the children of the marriage.

Ratio Decidendi

The court found that the Respondent had deserted the matrimonial home since 1998 and had not returned for over six years by the time of filing the petition. The Respondent's conduct, including leaving a child locked in the house and failing to visit a hospitalized child, was deemed mentally cruel and indicative of a lack of care. The court held that the marriage had irretrievably broken down, there was no prospect of reconciliation, and the Petitioner was entitled to a divorce. Custody of the children was granted to the Petitioner, with access to the Respondent as agreed between the parties and children. Each party was ordered to bear its own costs.

Court Disposition

Petition for divorce allowed; marriage dissolved; custody of children granted to Petitioner; access to Respondent; each party to bear own costs.

Orders

  • The marriage solemnized at the Registrar’s Office in Mombasa between the Petitioner and Respondent is hereby dissolved.
  • Decree nisi to issue.