R N N V v M S J [2006] KEHC 1306 (KLR)
- Court
- High Court of Kenya
- Case number
- 1306
- Citation
- [2006] KEHC 1306 (KLR)
- Decided
- 25 September 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to file a petition for dissolution of marriageCoramB.P. KUBO
Holding
The application for leave to file divorce proceedings before the statutory period of 3 years has elapsed is refused
Facts
The applicant and respondent are domiciled in Kenya. The marriage has irretrievably broken down due to the respondent's extreme cruelty, including excessive alcohol consumption, threats, and accusations of infidelity. The applicant left the matrimonial home on 01.05.05.
Issues
- Whether the applicant can file a petition for dissolution of marriage before the statutory period of 3 years has elapsed
- Whether the case is one of exceptional hardship or depravity
Reasoning
The parties have not attempted to resolve their marital differences and the marriage has irretrievably broken down. There is less than 1 year to go before the statutory period.
Outcome
Denied
Orders
- Application for leave to file divorce proceedings is refused
Authorities cited
Legislation (2)
- Matrimonial Causes Act
- Civil Procedure 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.
Loading judgment…