[2014] KEHC 5547 (KLR)

[2014] KEHC 5547 (KLR)

The court found that the respondent deserted the petitioner without cause for a period exceeding three years prior to the filing of the petition, as required by section 8(1)(b) of the Matrimonial Causes Act. The evidence showed that the respondent left the matrimonial home in October 2009 and did not return or communicate with the petitioner. The absence of any response or appearance by the respondent further supported the petitioner's case. The court concluded that the statutory ground for divorce had been established and that the marriage could not be sustained where one party had effectively opted out. Accordingly, the court allowed the petition for dissolution of marriage.

Citation
[2014] KEHC 5547 (KLR)
Parties
Petitioner: M W M; Respondent: B C M
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
28 April 2014
Case Number
Divorce Cause 38 of 2012
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JV Juma
Legal Topics
Divorce, Matrimonial Causes, Desertion, Dissolution of Marriage
Source Language
English
Family and Children Divorce Matrimonial Causes Desertion Dissolution of Marriage

Case Brief

Summary, issues, holding and outcome

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Parties

M W M

Petitioner

B C M

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 the marriage on grounds of desertion.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause for a period exceeding three years prior to the filing of the petition, as required by section 8(1)(b) of the Matrimonial Causes Act. The evidence showed that the respondent left the matrimonial home in October 2009 and did not return or communicate with the petitioner. The absence of any response or appearance by the respondent further supported the petitioner's case. The court concluded that the statutory ground for divorce had been established and that the marriage could not be sustained where one party had effectively opted out. Accordingly, the court allowed the petition for dissolution of marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree nisi to issue to be made absolute within three months of the judgment date.
  • No order as to costs.