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T.P.C v F.D (Divorce Cause 33 of 2006) [2007] KEHC 3397 (KLR) (3 December 2007) (Judgment)

[2007] KEHC 3397 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3397
Citation
[2007] KEHC 3397 (KLR)
Decided
3 December 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's undefended undefended caseCoramJOYCE ALUOCH
Holding

Order dissolving the marriage and awarding custody of the child to the Petitioner

Facts

Petitioner and Respondent were married on 18th March 1997. The Petitioner reported his wife's desertion in September 2001. The Petitioner has not seen his wife since then and has not found her. She left behind their son and a passport.

Issues

  1. Grounds for dissolution of marriage
  2. Custody of the child

Reasoning

The court found desertion without just cause and awarded custody to the Petitioner.

Outcome

Order dissolving the marriage and awarding custody of the child to the Petitioner

Orders

  • Decree nisi issued immediately
  • Decree absolute to be made within two weeks

Remedies

  • Petitioner to pay his own costs

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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