[2006] KEHC 1647 (KLR)

[2006] KEHC 1647 (KLR)

The court found that the respondent deserted the petitioner and the matrimonial home on 19.09.2000 and never returned. The petition for divorce was filed on 01.02.2005, more than three years after the desertion. The respondent did not provide any explanation for her departure or contest the petition. The court held that the statutory requirements for the matrimonial offence of desertion had been satisfied and that the petitioner had proved his case on a balance of probabilities. Accordingly, the court granted a decree of divorce dissolving the marriage between the petitioner and the respondent, with a decree nisi to issue forthwith and to be made absolute after the statutory period of...

Citation
[2006] KEHC 1647 (KLR)
Parties
Petitioner: P.C; Respondent: M.C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 July 2006
Case Number
Divorce Cause 13 of 2005
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Matrimonial Offences, Desertion, Custody of Children
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Custody of Children

Case Brief

Summary, issues, holding and outcome

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Parties

P.C

Petitioner

M.C

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

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

Ratio Decidendi

The court found that the respondent deserted the petitioner and the matrimonial home on 19.09.2000 and never returned. The petition for divorce was filed on 01.02.2005, more than three years after the desertion. The respondent did not provide any explanation for her departure or contest the petition. The court held that the statutory requirements for the matrimonial offence of desertion had been satisfied and that the petitioner had proved his case on a balance of probabilities. Accordingly, the court granted a decree of divorce dissolving the marriage between the petitioner and the respondent, with a decree nisi to issue forthwith and to be made absolute after the statutory period of...

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree of divorce is granted dissolving the marriage between the petitioner and respondent.
  • Decree nisi to issue forthwith, to be made absolute after expiry of the statutory period of three months upon application.