V.P. v T.V [2006] KEHC 2283 (KLR)
- Court
- High Court of Kenya
- Case number
- 2283
- Citation
- [2006] KEHC 2283 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought for the dissolution of the marriage on grounds of desertion. Respondent opposed the petition and filed a cross-petition.CoramJ.K. SERGON
Holding
The court found that the respondent deserted the matrimonial home for more than 3 years without a lawful cause and granted the petitioner the prayer for divorce.
Facts
The petitioner and respondent got married in Nairobi on November 11, 2000. The petitioner claimed the respondent deserted the matrimonial home on January 22, 2002, and has not returned since.
Issues
- Whether the respondent deserted the matrimonial home for more than 3 years without a lawful cause.
- Whether the petitioner is entitled to the prayer for divorce.
Reasoning
The court considered the evidence and submissions, finding that the petitioner proved the respondent's desertion and that the petitioner is not guilty of constructive desertion.
Outcome
The marriage is dissolved, and decree nisi is made absolute after the statutory period.
Orders
- Decree nisi to issue shall be made absolute after the statutory period.
Remedies
- Each party shall meet his or her own costs in this petition.
Authorities cited
Legislation (1)
- Matrimonial Causes Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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