[2014] KEHC 8401 (KLR)
The court found that the petitioner had established the ground of wilful desertion against the respondent, as the respondent left the matrimonial home on 27th August 2010 and had not returned or resumed cohabitation. The evidence was unchallenged, and the court accepted the petitioner's testimony. The court further...
Source-derived case information.
- Citation
- [2014] KEHC 8401 (KLR)
- Parties
- Petitioner: V S; Respondent: A L D G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 64 of 2014
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- Petition allowed. Marriage dissolved. Decree Nisi to issue and be made absolute within 30 days. Custody, access, and financial agreement adopted. Respondent to pay costs.
- Judges
- AO Muchelule
- Legal Topics
- Divorce, Child Custody, Child Support, Matrimonial Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
V S
Petitioner
A L D G
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the petitioner has established grounds for dissolution of marriage due to wilful desertion.
- 2 Whether the custody, access, and maintenance arrangements for the child are adequate and in the best interest of the child.
- 3 Whether the financial settlement agreement between the parties should be adopted by the court.
Ratio Decidendi
The court found that the petitioner had established the ground of wilful desertion against the respondent, as the respondent left the matrimonial home on 27th August 2010 and had not returned or resumed cohabitation. The evidence was unchallenged, and the court accepted the petitioner's testimony. The court further held that the agreement signed by the parties on 13th March 2014, which addressed custody, access, and financial arrangements for the child, was comprehensive and in the best interests of the child. The agreement was adopted as part of the judgment, binding both parties. Consequently, the marriage was dissolved, and a Decree Nisi was issued, to be made absolute within 30 days....
Court Disposition
Petition allowed. Marriage dissolved. Decree Nisi to issue and be made absolute within 30 days. Custody, access, and financial agreement adopted. Respondent to pay costs.
Orders
- The marriage between the petitioner and respondent is dissolved.
- Decree Nisi to issue immediately and be made absolute within 30 days.
Full Case Text
Judgment text and source record
21 paragraphs
Republic of Kenya
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
DIVORCE CASE NO. 64 OF 2014
V S ……………………….……...…PETITIONER
VERSUS
A L D G…….…………RESPONDENT
JUDGMENT
This petition was not defended and therefore the evidence of the petitioner in support of her quest for divorce was not challenged.
The couple married on 13th February 1998 at the office of the Registrar of Marriages, Nairobi and they set up a matrimonial home at 10 Forest Road in Nairobi. The marriage was blessed by one child I G born on 27th March 2001. The petitioner testified that on 27th August 2010 the respondent deserted the matrimonial home and since then he has not returned. He stopped to cohabit with her. It is on this ground that she sought the dissolution of the marriage.
I accept the testimony and find the ground of wilful desertion established against the respondent. I order the dissolution of the marriage between the petitioner and the respondent. Decree Nisi shall issue immediately. It shall be made absolute within 30 days.
The parties signed an agreement on 13th March 2014, and filed it on 19th May 2014, regarding the custody and upkeep of the child of the marriage and the settlement of their financial affairs. It is hereby directed that the agreement shall form part of this judgment, and therefore bind the parties. The highlights of the agreement were that:-
the parties shall have joint custody of the child with the petitioner retaining care and control of the child until he attains the age of majority;
the respondent shall have reasonable access to the child at agreed times, and may communicate with him using the phone or other mode of modern technology;
both the petitioner and the respondent shall make joint decisions relating to the child’s education which shall always be in his best interest; and
the respondent will pay for the education and the ancillary expenses for the child and these will cover primary, secondary and tertiary education.
The respondent shall pay the costs of the petition.
DATED and DELIVERED at NAIROBI this 12th June 2014.
A.O. MUCHELULE
JUDGE