[2009] KEHC 1012 (KLR)

[2009] KEHC 1012 (KLR)

The court found that the respondent had abandoned the matrimonial home for a minimum of three years, which is sufficient grounds for divorce under the African Christian Marriage and Divorce Act. The respondent's absence and failure to provide maintenance for the children also amounted to cruelty. The respondent did not attend court to substantiate his allegations in the cross-petition, leaving only the petitioner's evidence. The court was satisfied that the petitioner had established her case for divorce and dismissed the respondent's cross-petition with costs to the petitioner.

Citation
[2009] KEHC 1012 (KLR)
Parties
Petitioner: S.C.M; Respondent: S.K.S
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
7 October 2009
Case Number
Divorce Cause 5 of 2007
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce granted; cross-petition dismissed with costs to petitioner.
Legal Topics
Divorce, Matrimonial Offences, Desertion, Cruelty, Child Custody
Source Language
English
Family and Children Divorce Matrimonial Offences Desertion Cruelty Child Custody

Case Brief

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Parties

S.C.M

Petitioner

S.K.S

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the respondent deserted the matrimonial home for a period sufficient to constitute grounds for divorce.
  2. 2 Whether the respondent was cruel to the petitioner by absence and failure to maintain the children.
  3. 3 Whether the petitioner is entitled to custody of the children.

Ratio Decidendi

The court found that the respondent had abandoned the matrimonial home for a minimum of three years, which is sufficient grounds for divorce under the African Christian Marriage and Divorce Act. The respondent's absence and failure to provide maintenance for the children also amounted to cruelty. The respondent did not attend court to substantiate his allegations in the cross-petition, leaving only the petitioner's evidence. The court was satisfied that the petitioner had established her case for divorce and dismissed the respondent's cross-petition with costs to the petitioner.

Court Disposition

Petition for divorce granted; cross-petition dismissed with costs to petitioner.

Orders

  • Decree nisi of divorce granted in favour of the petitioner against the respondent.
  • Petitioner to wait three months before applying for decree absolute.