S M W v T K M [2016] KEHC 7385 (KLR)
- Court
- High Court of Kenya
- Case number
- 7385
- Citation
- [2016] KEHC 7385 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce filed by S M W against T K MCoramM. THANDE
Holding
The marriage has irretrievably broken down due to adultery and constructive desertion, and the court orders a decree of divorce.
Facts
The marriage was solemnized on 10.12.99 and the couple cohabited until 2009. The Petitioner claims the Respondent treated him with cruelty and deserted him on 24.3.09. The Respondent denies the allegations and accuses the Petitioner of adultery.
Issues
- Whether the marriage has irretrievably broken down
- Who is responsible for the breakdown of the marriage
Reasoning
The court found that the Petitioner committed adultery and the Respondent deserted the Petitioner, leading to the irretrievable breakdown of the marriage.
Outcome
Decree of divorce granted
Orders
- Marriage dissolved
Remedies
- Each party to bear own 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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