[2007] KEHC 3397 (KLR)

[2007] KEHC 3397 (KLR)

The court found that the Respondent deserted the Petitioner without just cause, as evidenced by her unexplained disappearance from the matrimonial home, leaving behind both her child and passport, and by the Petitioner's unsuccessful efforts to trace her. The Respondent was served but failed to appear or contest the proceedings. The court was satisfied that the desertion was not condoned or facilitated by the Petitioner and that the marriage had irretrievably broken down as a result. The court therefore granted an order for dissolution of the marriage and awarded custody of the minor child to the Petitioner.

Citation
[2007] KEHC 3397 (KLR)
Parties
Petitioner: Terrence Patricia Cullen; Respondent: Florence Daniel
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 December 2007
Case Number
Divorce Cause 33 of 2006
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed. Marriage dissolved. Custody of child awarded to Petitioner.
Judges
JA Aluoch
Legal Topics
Dissolution of Marriage, Desertion, Child Custody
Source Language
English
Family and Children Dissolution of Marriage Desertion Child Custody

Case Brief

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Parties

Terrence Patricia Cullen

Petitioner

Florence Daniel

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the Respondent deserted the Petitioner without just cause.
  2. 2 Whether the marriage between the parties has irretrievably broken down due to desertion.
  3. 3 Who should be awarded custody of the minor child of the marriage.

Ratio Decidendi

The court found that the Respondent deserted the Petitioner without just cause, as evidenced by her unexplained disappearance from the matrimonial home, leaving behind both her child and passport, and by the Petitioner's unsuccessful efforts to trace her. The Respondent was served but failed to appear or contest the proceedings. The court was satisfied that the desertion was not condoned or facilitated by the Petitioner and that the marriage had irretrievably broken down as a result. The court therefore granted an order for dissolution of the marriage and awarded custody of the minor child to the Petitioner.

Court Disposition

Petition allowed. Marriage dissolved. Custody of child awarded to Petitioner.

Orders

  • The marriage between Terence Patrick Cullen and Florence Daniel, solemnized on 18th March, 1997, is dissolved.
  • Custody of the minor child T.P.C. is awarded to the Petitioner.