[2005] KEHC 1250 (KLR)
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home without reasonable cause and that the petitioner had not condoned the desertion. There was no evidence to controvert the petitioner's account, and the petition was not presented or...
Source-derived case information.
- Citation
- [2005] KEHC 1250 (KLR)
- Parties
- Petitioner: S K N; Respondent: M N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 35 of 2002
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Petition for dissolution of marriage allowed. Decree nisi to issue for 3 months.
- Judges
- FI Koome
- Legal Topics
- Dissolution of Marriage, Desertion, Matrimonial Causes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S K N
Petitioner
M N K
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the petitioner has proved grounds for dissolution of marriage under the Marriage Act.
- 2 Whether the respondent deserted the matrimonial home without reasonable cause.
- 3 Whether the petition was presented or prosecuted through collusion.
Ratio Decidendi
The court found that the petitioner had proved, on a balance of probabilities, that the respondent deserted the matrimonial home without reasonable cause and that the petitioner had not condoned the desertion. There was no evidence to controvert the petitioner's account, and the petition was not presented or prosecuted through collusion. The court was satisfied that the legal requirements for dissolution of marriage under the Marriage Act had been met and accordingly granted the decree of divorce.
Court Disposition
Petition for dissolution of marriage allowed. Decree nisi to issue for 3 months.
Orders
- Decree of divorce pronounced and marriage dissolved.
- Decree nisi to issue for a period of 3 months.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI DIVORCE CAUSE 35 OF 2002 S K N………………………………………...….PETITIONER VERSUS M N K.………………………………………..RESPONDENT JUDGMENT
The Petitioner in this case sought for an order of dissolution of the marriage between him and the Respondent which was solemnized on31st day of August 1991 pursuant to the Marriage Act.
Prior to the said solemnization, the parties were married under the customary law and they have the following issues, three of whom have attained the age of majority. [particulars withheld].
The parties who were domiciled in the Republic of Kenya cohabited in Nairobi until April 2001 when the Respondent left the Petitioner ostensibly to visit their daughter who was in the United States of America but she has settled there. This petition was certified as undefended cause and the Registrar’s Certificate was issued on 24th February 2005.
During the hearing the Petitioner gave evidence in support of the petition for divorce. He gave a detailed account of how the Respondent deserted the matrimonial home without any reasonable cause in April 2001 with the last born child and has failed to return home. The Respondent has cut off all the means of communication and this has caused the Petitioner tremendous psychological agony.
The Petitioner who contends that he has not condoned the act of desertion therefore sought for the dissolution of the marriage.
I have carefully considered the Petitioner’s evidence as well as the pleadings filed herein. In the absence of any evidence to controvert the Petitioner’s evidence I am fully satisfied that the Petitioner has proved his case to the required standard. I am also satisfied that petition was not presented or prosecuted through collusion with the Respondent.
Accordingly, I hereby pronounce the decree of divorce and dissolve the marriage that was solemnized on 31st day of August 1991.
The decree nisi shall issue for a period of 3 months.
It is so ordered.
Judgment read and signed on 23rd September 2005.
MARTHA KOOME
JUDGE