[2011] KEHC 1529 (KLR)

[2011] KEHC 1529 (KLR)

The court found that the Respondent had deserted the Petitioner for more than three years without reasonable cause, as evidenced by her lack of communication and absence since leaving for France. The Petitioner made reasonable efforts to contact the Respondent, all of which failed. The statutory ground of desertion under section 8 of the Matrimonial Causes Act was satisfied. The court also noted that, even if the Respondent were deceased, the legal presumption of death after seven years would apply. Consequently, the court granted the dissolution of the marriage and issued a decree nisi, to be made absolute after six months.

Citation
[2011] KEHC 1529 (KLR)
Parties
Plaintiff: P.M.K; Respondent: L.R.M
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
20 July 2011
Case Number
Divorce Cause 4 of 2011
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
DO Ohungo
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Causes, Presumption of Death
Source Language
English
Family and Children Dissolution of Marriage Desertion Matrimonial Causes Presumption of Death

Case Brief

Summary, issues, holding and outcome

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Parties

P.M.K

Plaintiff

L.R.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without reasonable cause for at least three years preceding the petition.
  2. 2 Whether the marriage between the Petitioner and Respondent should be dissolved on grounds of desertion.

Ratio Decidendi

The court found that the Respondent had deserted the Petitioner for more than three years without reasonable cause, as evidenced by her lack of communication and absence since leaving for France. The Petitioner made reasonable efforts to contact the Respondent, all of which failed. The statutory ground of desertion under section 8 of the Matrimonial Causes Act was satisfied. The court also noted that, even if the Respondent were deceased, the legal presumption of death after seven years would apply. Consequently, the court granted the dissolution of the marriage and issued a decree nisi, to be made absolute after six months.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • A decree nisi shall issue and be made absolute after six months.