LC v DC (Divorce Cause E1198 of 2022) [2023] KEMC 114 (KLR) (16 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 114
- Citation
- [2023] KEMC 114 (KLR)
- Decided
- 16 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of desertion, cruelty, and irretrievable breakdown of marriage.CoramADUKE JEAL PRAXADES ATIENO
Holding
The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
LC and DC solemnized their marriage on 6th July 2021. They have no children and no intentions of salvaging the marriage. The petitioner averred that the marriage has irretrievably broken down.
Issues
- Whether the marriage merits a divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage is due to desertion, cruelty, or irretrievable breakdown.
Reasoning
The court considered the grounds for divorce and the irretrievable breakdown of the marriage. The court noted the length of physical separation and the petitioner's unequivocal statement of wanting the marriage dissolved.
Outcome
The petition for divorce was granted.
Orders
- The marriage between the two be and is hereby dissolved.
- Decree nisi do issue forthwith to be made absolute in 30 days.
Remedies
- Each party to bear own costs.
Authorities cited
Legislation (1)
- The Marriage Act, 2014
Cases cited (1)
- TPH v NVS (2017)
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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