SWW v JMM (Divorce Cause 150 of 2017) [2023] KEMC 117 (KLR) (10 May 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 117
- Citation
- [2023] KEMC 117 (KLR)
- Decided
- 10 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of irretrievable breakdown of marriage and desertion.CoramADUKE JEAL PRAXADES ATIENO
Holding
The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
Petitioner and Respondent were married in 1998 and have no children. They have no intention of salvaging the marriage. The petitioner filed a petition for divorce on 27th February 2017.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage has occurred.
Reasoning
The court found that the irretrievable breakdown of the marriage has occurred and that the parties have no intention of salvaging the marriage. The court considered the length of physical separation and the terms of the petition.
Outcome
Petition granted.
Orders
- The marriage between the parties be and is hereby dissolved.
- Decree nisi do issue to be made absolute in 30 days.
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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