[2007] KEHC 3372 (KLR)

[2007] KEHC 3372 (KLR)

The court found that the respondent left the matrimonial home on 10th March 2002, took all her belongings, and never returned, which constituted desertion. Despite the existence of third-party tensions and traumatic events, the respondent's actions amounted to desertion without just cause. The court was satisfied...

Source-derived case information.

Citation
[2007] KEHC 3372 (KLR)
Parties
Petitioner: P J P; Respondent: M K P
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 October 2007
Case Number
Divorce Cause 92 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved.
Judges
JA Aluoch
Legal Topics
Divorce, Desertion, Matrimonial Breakdown
Source Language
english
Family and Children Divorce Desertion Matrimonial Breakdown

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Parties

P J P

Petitioner

M K P

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without just cause.
  2. 2 Whether the marriage has irretrievably broken down due to the respondent's conduct.

Ratio Decidendi

The court found that the respondent left the matrimonial home on 10th March 2002, took all her belongings, and never returned, which constituted desertion. Despite the existence of third-party tensions and traumatic events, the respondent's actions amounted to desertion without just cause. The court was satisfied that the marriage had irretrievably broken down and granted the order for dissolution of marriage on the ground of desertion.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • Each party shall bear their own costs.