[2012] KEHC 4462 (KLR)

[2012] KEHC 4462 (KLR)

The court found that the Respondent deserted the Petitioner in December 2002 and did not return or provide support thereafter. The petition was filed in August 2011, more than three years after the desertion, satisfying the statutory requirement for divorce on grounds of desertion under Section 8(1)(b) of the Matrimonial Causes Act. Although the Petitioner raised issues regarding the Respondent's prior marriage, the court held that such matters could not be considered as they were not pleaded in the petition. The unopposed evidence established the matrimonial offence of desertion, entitling the Petitioner to a decree of divorce as prayed.

Citation
[2012] KEHC 4462 (KLR)
Parties
Petitioner: M.W.M; Respondent: K.N
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 March 2012
Case Number
Divorce Cause 141 of 2011
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
CM Njagi
Legal Topics
Divorce, Matrimonial Offences, Desertion, Adultery, Marriage Validity
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Adultery Marriage Validity

Case Brief

Summary, issues, holding and outcome

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Parties

M.W.M

Petitioner

K.N

Respondent

Procedural Posture

Divorce Petition / 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 marriage on grounds of desertion and adultery.
  3. 3 Whether the validity of the marriage is affected by the Respondent's alleged prior marriage.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner in December 2002 and did not return or provide support thereafter. The petition was filed in August 2011, more than three years after the desertion, satisfying the statutory requirement for divorce on grounds of desertion under Section 8(1)(b) of the Matrimonial Causes Act. Although the Petitioner raised issues regarding the Respondent's prior marriage, the court held that such matters could not be considered as they were not pleaded in the petition. The unopposed evidence established the matrimonial offence of desertion, entitling the Petitioner to a decree of divorce as prayed.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage solemnized between the parties in June 1999 is dissolved.
  • Decree nisi to issue.