RMO v ZMM (Divorce Cause E1114 of 2021) [2023] KEMC 204 (KLR) (1 August 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 204
- Citation
- [2023] KEMC 204 (KLR)
- Decided
- 1 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of cruelty and irretrievable breakdown of marriage.CoramAduke Jeal Praxades Atieno
Holding
The court allows the petition and dissolves the marriage between the parties.
Facts
RMO and ZMM married on 11th December 2017. They have two children. Both are domiciled in Kenya and have no intention of salvaging the marriage. The petitioner averred that the marriage has irretrievably broken down due to cruelty and irretrievable breakdown.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage is due to cruelty and irretrievable breakdown.
Reasoning
The court considered the grounds for divorce outlined in the petition and the irretrievable breakdown of the marriage. The court noted the absence of the respondent and the unequivocal terms of the petition.
Outcome
The marriage between the parties is dissolved.
Orders
- Decree nisi to issue to be made absolute in 30 days.
- Each party to bear their own costs.
Authorities cited
Legislation (1)
- The 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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