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B M N v T O N [2016] KEHC 2038 (KLR)

[2016] KEHC 2038 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2038
Citation
[2016] KEHC 2038 (KLR)
Decided
17 February 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner filed a petition for dissolution of marriage, Respondent did not file any answer.CoramMadan, Chesoni
Holding

The marriage between the Respondent and the Petitioner has irretrievably broken down on the grounds of cruelty and adultery.

Facts

Petitioner and Respondent got married on 9th October 2008. The marriage was not blessed with any issue. The Petitioner alleged that the Respondent treated her with cruelty and led an adulterous life.

Issues

  1. Cruelty
  2. Adultery

Reasoning

The Petitioner provided testimony on instances of cruelty and adultery, leading to the conclusion that the marriage had irretrievably broken down.

Outcome

The marriage is dissolved.

Orders

  • A decree nisi is issued forthwith which shall be made absolute within 30 days from the date of this judgment. There shall be no orders as to costs.

Authorities cited

Legislation (2)
  • Marriage Act 2014
  • Matrimonial Causes Act (now repealed)
Cases cited (2)
  • DM -vs- TM [2008] IKLR 5
  • N –vs- N [2008] 1KLR 17
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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