[2008] KEHC 2855 (KLR)

[2008] KEHC 2855 (KLR)

The court found that the respondent was duly served with all requisite court processes but failed to respond or appear. The evidence established that the respondent left the matrimonial home in November 1996 and had not returned by the time of the petition in June 2006, amounting to over nine years of desertion. The court accepted the petitioner's uncontroverted testimony that the respondent left without cause or justification, thus committing the matrimonial offence of desertion as defined by Section 8(1)(b) of the Matrimonial Causes Act. The court concluded that the legal requirements for dissolution of marriage on the ground of desertion were satisfied and granted the decree of divorce.

Citation
[2008] KEHC 2855 (KLR)
Parties
Petitioner: M.K.P.; Respondent: J.N.K.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 January 2008
Case Number
Divorce Cause 89 of 2006
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Judges
BP Kubo
Legal Topics
Divorce, Matrimonial Offences, Desertion, Service of Process
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Service of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

M.K.P.

Petitioner

J.N.K.

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for a period of at least three years preceding the petition.
  2. 2 Whether the petitioner is entitled to dissolution of marriage on the ground of desertion.

Ratio Decidendi

The court found that the respondent was duly served with all requisite court processes but failed to respond or appear. The evidence established that the respondent left the matrimonial home in November 1996 and had not returned by the time of the petition in June 2006, amounting to over nine years of desertion. The court accepted the petitioner's uncontroverted testimony that the respondent left without cause or justification, thus committing the matrimonial offence of desertion as defined by Section 8(1)(b) of the Matrimonial Causes Act. The court concluded that the legal requirements for dissolution of marriage on the ground of desertion were satisfied and granted the decree of divorce.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Decree nisi to issue forthwith, to be made absolute after 30 days upon application.