JM v EN (Divorce Cause E1118 of 2022) [2023] KEMC 116 (KLR) (3 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 116
- Citation
- [2023] KEMC 116 (KLR)
- Decided
- 3 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on the ground of irretrievable breakdown of the marriage.CoramADUKE JEAL PRAXADES ATIENO
Holding
The marriage between the parties is dissolved.
Facts
Petitioner and Respondent solemnized their marriage on 28th March 2010. They have one child together. Both are domiciled in Kenya and have no intention of salvaging the marriage.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage is due to adultery, cruelty, exceptional depravity, desertion, or irretrievable breakdown of the marriage.
Reasoning
The court considered the grounds outlined in the petition 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
Petition granted.
Orders
- Marriage dissolved.
- Decree nisi to be made absolute in 30 days.
Authorities cited
Legislation (2)
- The Marriage Act, 2014
- s.65 of the Act (on dissolution of Christian marriages)
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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