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R T M v D M M [2014] KEHC 6450 (KLR)

[2014] KEHC 6450 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6450
Citation
[2014] KEHC 6450 (KLR)
Decided
7 February 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Petition for Divorce and Maintenance, Respondent's Cross-Petition for DivorceCoramL. KIMARU
Holding

The court finds that the marriage has irretrievably broken down and grants the Petitioner's petition for divorce.

Facts

The Petitioner and Respondent were married in 1989 and had two adult children. The Petitioner alleged desertion and adultery, while the Respondent denied these allegations and claimed the marriage had broken down due to cruelty and desertion.

Issues

  1. Desertion
  2. Matrimonial Offences
  3. Cruelty
  4. Maintenance

Reasoning

The court held that the marriage has irretrievably broken down due to the Petitioner's desertion and the Respondent's allegations of cruelty and desertion. The Petitioner has been separated from the Respondent for more than thirteen years, and reconciliation was not attempted.

Outcome

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

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

  • Maintenance for the issues of the marriage is not addressed as the decree nisi is issued.
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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