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P.M v E.N.M [2008] KEHC 2788 (KLR)

[2008] KEHC 2788 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2788
Citation
[2008] KEHC 2788 (KLR)
Decided
5 May 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for dissolution of marriageCoramK.H. RAWAL
Holding

The court finds the marriage irretrievably broken down and dissolves it.

Facts

The parties lived together from 1993 and married in 1996. The petitioner alleged cruelty and abuse by the respondent, while the respondent denied these allegations. The petitioner claimed the marriage was irretrievably broken down.

Issues

  1. Custody of two children born during the marriage
  2. Maintenance of the children

Reasoning

The court found that the petitioner's allegations of cruelty and abuse were more credible than the respondent's denials, leading to the conclusion that the marriage is irretrievably broken down.

Outcome

The marriage is dissolved.

Orders

  • Petitioner to bear his own costs
  • Decree nisi to be made absolute within 60 days

Authorities cited

Legislation (2)
  • Marriage Act (Cap 150) Laws of Kenya
  • Matrimonial Causes Act (Cap 152) of the Laws of Kenya
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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