[2008] KEHC 1394 (KLR)

[2008] KEHC 1394 (KLR)

The court found uncontroverted evidence that the respondent deserted the petitioner in May 1998 and had not resumed cohabitation since. The petitioner filed the divorce petition more than three years after the desertion, satisfying the statutory requirement. There was no evidence of collusion, connivance, or condonation by the petitioner. The court concluded that the marriage had irretrievably broken down due to the respondent's desertion and that it was just and fair to dissolve the marriage as prayed.

Citation
[2008] KEHC 1394 (KLR)
Parties
Petitioner: P M K; Respondent: S W W
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
9 October 2008
Case Number
Divorce Cause 1 of 2004
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed; marriage dissolved
Judges
MSA Makhandia
Legal Topics
Divorce, Desertion, Matrimonial Causes, Marriage Breakdown
Source Language
English
Family and Children Divorce Desertion Matrimonial Causes Marriage Breakdown

Case Brief

Summary, issues, holding and outcome

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Parties

P M K

Petitioner

S W W

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner for a continuous period of at least three years prior to the filing of the petition.
  2. 2 Whether the petitioner was in any way responsible for or condoned the respondent's desertion.
  3. 3 Whether there was collusion or connivance between the parties in presenting the petition.

Ratio Decidendi

The court found uncontroverted evidence that the respondent deserted the petitioner in May 1998 and had not resumed cohabitation since. The petitioner filed the divorce petition more than three years after the desertion, satisfying the statutory requirement. There was no evidence of collusion, connivance, or condonation by the petitioner. The court concluded that the marriage had irretrievably broken down due to the respondent's desertion and that it was just and fair to dissolve the marriage as prayed.

Court Disposition

petition allowed; marriage dissolved

Orders

  • A Decree Nisi is issued dissolving the marriage between the petitioner and the respondent, to be made absolute after the statutory period.
  • No order as to custody, maintenance, or costs.