S N K v R D K [2016] KEHC 3831 (KLR)
- Court
- High Court of Kenya
- Case number
- 3831
- Citation
- [2016] KEHC 3831 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner's Petition for DivorceCoramL. A. ACHODE
Holding
The marriage is dissolved, and the decree nisi is issued to be made absolute thirty (30) days from the date of this judgment.
Facts
The Petitioner and Respondent were lawfully married on 14th June, 2002. The Petitioner filed a divorce petition on 24th August, 2015, alleging desertion by the Respondent. The Respondent did not attend the hearing.
Issues
- Whether the Petitioner has proved the matrimonial offence of desertion as a ground for divorce.
- Whether the marriage should be dissolved and the decree nisi issued.
Reasoning
The Petitioner proved the matrimonial offence of desertion as it persisted for at least three years. The parties have irretrievably broken down with no hope of reconciliation.
Outcome
Allow the petition with the orders as follows.
Orders
- The marriage celebrated between the Petitioner and Respondent at the Registrar’s office in Nairobi on 14th June, 2002 is hereby dissolved.
- That Decree nisi dissolving the said marriage is hereby issued to be made absolute thirty (30) days from the date of this judgment.
- There shall be no orders as to costs.
Authorities cited
Legislation (1)
- Marriage Act, 2014
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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