SM v DWM [2007] KEHC 289 (KLR)
- Court
- High Court of Kenya
- Case number
- 289
- Citation
- [2007] KEHC 289 (KLR)
The court allows the petition for divorce on the ground of cruelty, finding that the respondent left the matrimonial home for Botswana without the petitioner's permission and consent, leaving him unable to talk to his loved ones for years.
Facts
The petitioner and respondent were married in Botswana in 1993. They lived in Botswana until 2001 when the petitioner relocated to Kenya. The petitioner filed a petition for divorce in 2006, seeking dissolution on grounds of cruelty and desertion. The respondent did not file an answer.
Issues
- Cruelty
- Desertion
Reasoning
The court found that the respondent's actions constituted cruelity by leaving the matrimonial home without the petitioner's consent, and that the marriage has irretrievably broken down.
Outcome
The petition for divorce is allowed on the ground of cruelty.
Orders
- A decree Nisi shall issue to be made absolute in the normal manner.
- No order as to costs.
- No order as regards the issue of custody.
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