[2014] KEHC 8402 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home in October 2009, relocated to India, and failed to communicate or return. The respondent was served but did not contest the petition or provide any explanation for her absence. The...
Source-derived case information.
- Citation
- [2014] KEHC 8402 (KLR)
- Parties
- Petitioner: N S S; Respondent: P N S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 64 of 2013
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for divorce allowed; marriage dissolved.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Matrimonial Desertion, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N S S
Petitioner
P N S
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the respondent deserted the matrimonial home without cause.
- 2 Whether the petitioner is entitled to a decree of divorce on the ground of desertion.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home in October 2009, relocated to India, and failed to communicate or return. The respondent was served but did not contest the petition or provide any explanation for her absence. The unchallenged evidence established desertion as defined by law. Consequently, the court held that the petitioner was entitled to a decree of divorce on the ground of desertion.
Court Disposition
Petition for divorce allowed; marriage dissolved.
Orders
- The marriage between the petitioner and the respondent is dissolved on the ground of desertion.
- Decree Nisi to issue forthwith and to become absolute after 30 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CAUSE NO. 64 OF 2013
N S S.……...........…PETITIONER
VERSUS
P N S………..………RESPONDENT
JUDGMENT
The petitioner and the respondent got married at the Attorney General’s Chambers in Nairobi on 8th January 1992. They lived along Kijabe Street, Ngara and Parklands in Nairobi as a married couple. The marriage was blessed with a son, R N S, born on 29th June 1993.
The petitioner sought divorce on the ground that in October 2009 the respondent secretly abandoned the matrimonial home and went to stay in India. She has not returned since and has refused to communicate with him. The child of the marriage was left with him.
The petition was served but there was no response. The petitioner’s evidence was not therefore challenged. On ground of desertion, I order the dissolution of the marriage between the petitioner and the respondent. Decree Nisishall issue forthwith and shall become absolute after 30 days.
DATED and DELIVERED at NAIROBI this 12th June 2014.
A.O. MUCHELULE
JUDGE