[2008] KEHC 1459 (KLR)

[2008] KEHC 1459 (KLR)

The court found that the Petitioner had provided credible and uncontroverted evidence that the Respondent deserted him without reasonable cause, and that he was not accessory to the desertion. The Petitioner had made adequate arrangements for the Respondent's welfare before leaving for studies abroad and made...

Source-derived case information.

Citation
[2008] KEHC 1459 (KLR)
Parties
Petitioner: P M K; Respondent: R M M; Respondent: E M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 October 2008
Case Number
Divorce Cause 49 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
KH Rawal
Legal Topics
Dissolution of Marriage, Desertion, Matrimonial Causes, Custody and Maintenance
Source Language
english
Family and Children Dissolution of Marriage Desertion Matrimonial Causes Custody and Maintenance

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Summary, issues, holding and outcome

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Parties

P M K

Petitioner

R M M

Respondent

E M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without reasonable cause.
  2. 2 Whether the Petitioner was accessory to the alleged desertion.
  3. 3 Whether the Petitioner is entitled to dissolution of marriage on the ground of desertion.

Ratio Decidendi

The court found that the Petitioner had provided credible and uncontroverted evidence that the Respondent deserted him without reasonable cause, and that he was not accessory to the desertion. The Petitioner had made adequate arrangements for the Respondent's welfare before leaving for studies abroad and made efforts to maintain contact and resume cohabitation. The Respondent's actions in relocating and refusing to return to the matrimonial home constituted desertion. The petition was filed after the statutory period of three years from the date of desertion. The court was satisfied that the legal requirements for dissolution of marriage on the ground of desertion were met and granted the...

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage solemnized between the parties is dissolved.
  • Decree Nisi to be made absolute within 60 days.