[2011] KEHC 3229 (KLR)

[2011] KEHC 3229 (KLR)

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home in September 2002 and had made no effort at reconciliation for approximately nine years. The marriage was deemed to have irretrievably broken down due to desertion. The court therefore granted a decree nisi dissolving the marriage. As for the prayers for custody and maintenance, the court held that these issues fall within the jurisdiction of the Children’s Court and directed the petitioner to pursue them there.

Citation
[2011] KEHC 3229 (KLR)
Parties
Petitioner: M.P.J; Respondent: V.D.P.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 April 2011
Case Number
Divorce Cause 141 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved; custody and maintenance to be determined by Children’s Court; no order as to costs.
Judges
LK Kimaru
Legal Topics
Divorce, Desertion, Custody of Children, Maintenance, Matrimonial Breakdown
Source Language
English
Family and Children Divorce Desertion Custody of Children Maintenance Matrimonial Breakdown

Case Brief

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Parties

M.P.J

Petitioner

V.D.P.K

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause, justifying dissolution of marriage.
  2. 2 Whether the petitioner is entitled to custody and maintenance orders for the child of the marriage.

Ratio Decidendi

The court found that the petitioner had established, on a balance of probabilities, that the respondent deserted the matrimonial home in September 2002 and had made no effort at reconciliation for approximately nine years. The marriage was deemed to have irretrievably broken down due to desertion. The court therefore granted a decree nisi dissolving the marriage. As for the prayers for custody and maintenance, the court held that these issues fall within the jurisdiction of the Children’s Court and directed the petitioner to pursue them there.

Court Disposition

petition allowed; marriage dissolved; custody and maintenance to be determined by Children’s Court; no order as to costs.

Orders

  • Decree nisi dissolving the marriage between the petitioner and respondent issued, to be made absolute in 30 days.
  • Custody and maintenance issues to be filed before the Children’s Court.