[2012] KEHC 4406 (KLR)

[2012] KEHC 4406 (KLR)

The court found that the ground of desertion was not established because the period of alleged desertion did not meet the statutory minimum of three years as required by Section 8(1)(b) of the Matrimonial Causes Act. However, the court was satisfied that the cumulative effect of the Respondent's conduct, as alleged...

Source-derived case information.

Citation
[2012] KEHC 4406 (KLR)
Parties
Petitioner: T.G.O; Respondent: I.N.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 April 2012
Case Number
Divorce Cause 47 of 2009
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition for divorce allowed on the ground of cruelty; marriage dissolved.
Judges
CM Njagi
Legal Topics
Divorce, Matrimonial Breakdown, Cruelty, Desertion
Source Language
english
Family and Children Divorce Matrimonial Breakdown Cruelty Desertion

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Summary, issues, holding and outcome

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Parties

T.G.O

Petitioner

I.N.M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the petition for divorce was prematurely filed on the ground of desertion.
  2. 2 Whether the Respondent's conduct amounted to cruelty sufficient to warrant dissolution of the marriage.

Ratio Decidendi

The court found that the ground of desertion was not established because the period of alleged desertion did not meet the statutory minimum of three years as required by Section 8(1)(b) of the Matrimonial Causes Act. However, the court was satisfied that the cumulative effect of the Respondent's conduct, as alleged by the Petitioner and not contested by the Respondent, amounted to mental cruelty. The Respondent's failure to defend the petition further indicated her indifference to the marriage. The court concluded that the marriage had irretrievably broken down due to cruelty and granted the divorce.

Court Disposition

Petition for divorce allowed on the ground of cruelty; marriage dissolved.

Orders

  • The marriage solemnized at the Registrar’s office in Nairobi in November, 2005 between the Petitioner and the Respondent is hereby dissolved.
  • Decree nisi to issue.