[2008] KEHC 553 (KLR)
The court found that the Respondent deserted the Petitioner without reasonable cause, as evidenced by the Petitioner's uncontroverted testimony and the absence of any response or appearance by the Respondent. The desertion was continuous for more than three years prior to the filing of the petition. There was no...
Source-derived case information.
- Citation
- [2008] KEHC 553 (KLR)
- Parties
- Petitioner: RG; Respondent: RWT
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 11 of 2007
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- petition allowed; marriage dissolved
- Judges
- KH Rawal
- Legal Topics
- Marriage Dissolution, Desertion, Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RG
Petitioner
RWT
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the Respondent deserted the Petitioner without reasonable cause.
- 2 Whether the marriage should be dissolved on the ground of desertion.
Ratio Decidendi
The court found that the Respondent deserted the Petitioner without reasonable cause, as evidenced by the Petitioner's uncontroverted testimony and the absence of any response or appearance by the Respondent. The desertion was continuous for more than three years prior to the filing of the petition. There was no evidence of collusion or prior proceedings, and the marriage was childless. The legal requirements for dissolution of marriage on the ground of desertion were satisfied. Accordingly, the court dissolved the marriage and directed that a decree nisi be made absolute within 90 days.
Court Disposition
petition allowed; marriage dissolved
Orders
- The marriage between the Petitioner and Respondent is dissolved.
- Decree nisi to be made absolute within 90 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Divorce Cause 11 of 2007
RG ……………………………………… PETITIONER
VERSUS
RWT………...…….…………………. RESPONDENT
JUDGEMENT
The Petitioner/husband has filed this petition on the ground of desertion by the Respondent, his wife.
According to his uncontroverted testimony, he married the Respondent on 11th April, 1992, the certified copy of the Marriage Certificate is annexed to his petition). The Respondent, without any intimation, prior notice or reasonable cause left home on 26th May, 1996. It was an utter shock to him. She came back after some time unannounced and once again in similar fashion left the matrimonial home along Westlands, Nairobi on 31st December, 1999.
She came back on 1st February, 2000 and left once again on 2nd February, 2002. This time she never returned. This petition was then filed on 29th January, 2007.
The Petitioner swore that he has not prosecuted this petition in collusion with the Respondent and that all the time when she left the home was without any reasonable cause. The Respondent has not communicated to him since February 2002. He also stated that there are not previous proceedings in respect of their marriage and that the marriage did not bear any child.
The petition has been filed after the lapse of three years since the last desertion and I am inclined to accept the uncontroverted testimony of the Petitioner. The Respondent has deserted the Petitioner and as per law, I am bound to dissolve the marriage, which I hereby do, with direction that decree nisi to be made absolute within 90 days.
No order as to costs.
K.H. RAWAL
JUDGE
6. 11. 08