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M I M v F M M [2014] KEHC 5676 (KLR)

[2014] KEHC 5676 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5676
Citation
[2014] KEHC 5676 (KLR)
Decided
4 April 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Petition for Divorce and Respondent's Cross-Petition for DivorceCoramL. KIMARU
Holding

The marriage is dissolved, and the decree nisi is issued.

Facts

The Petitioner and Respondent were married in 1985 under customary law and later formalized their marriage in 1996. The marriage was characterized by allegations of cruelty, desertion, and infidelity.

Issues

  1. Whether the marriage has irretrievably broken down
  2. Whether the Petitioner and Respondent are entitled to custody and care of the minor child

Reasoning

The court found that the marriage has irretrievably broken down due to allegations of cruelty, desertion, and infidelity.

Outcome

The marriage is dissolved.

Orders

  • Decree nisi dissolving the marriage is issued.
  • The decree nisi shall be made absolute thirty (30) days from the date of this judgment.

Remedies

  • Custody and care of the minor child is awarded to the Petitioner.

Authorities cited

Legislation (2)
  • Marriage Act
  • Customary Law
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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