[2004] KEHC 1488 (KLR)

[2004] KEHC 1488 (KLR)

The court found that the respondent deserted the petitioner without cause for a continuous period of at least three years immediately preceding the presentation of the petition. The evidence adduced by the petitioner, which was unchallenged due to the respondent's absence, established that the respondent neglected his parental duties, resulting in mental and psychological suffering to the petitioner and contributing to the death of their second child. The court was satisfied that the petitioner had not condoned the respondent's conduct nor colluded in bringing the petition. Consequently, the legal requirements for dissolution of marriage on the grounds of desertion and cruelty were met,...

Citation
[2004] KEHC 1488 (KLR)
Parties
Petitioner: R.A.S.M; Respondent: D.E.W
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
30 April 2004
Case Number
Divorce Cause 60 of 2002
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Matrimonial Breakdown, Desertion, Cruelty, Child Welfare
Source Language
English
Family and Children Divorce Matrimonial Breakdown Desertion Cruelty Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

R.A.S.M

Petitioner

D.E.W

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the petitioner without cause for at least three years preceding the petition.
  2. 2 Whether the respondent subjected the petitioner to cruelty by neglecting the children.
  3. 3 Whether the petitioner has condoned the respondent's conduct or colluded in the petition.

Ratio Decidendi

The court found that the respondent deserted the petitioner without cause for a continuous period of at least three years immediately preceding the presentation of the petition. The evidence adduced by the petitioner, which was unchallenged due to the respondent's absence, established that the respondent neglected his parental duties, resulting in mental and psychological suffering to the petitioner and contributing to the death of their second child. The court was satisfied that the petitioner had not condoned the respondent's conduct nor colluded in bringing the petition. Consequently, the legal requirements for dissolution of marriage on the grounds of desertion and cruelty were met,...

Court Disposition

petition allowed; marriage dissolved

Orders

  • A decree of divorce is pronounced dissolving the marriage solemnized on 17th November 1991.
  • Decree nisi to issue after six months.