RMK v BNW (Divorce Cause E1163 of 2022) [2023] KEMC 206 (KLR) (11 July 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 206
- Citation
- [2023] KEMC 206 (KLR)
- Decided
- 11 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner filed a petition for divorce on grounds of adultery, cruelty, and irreconcilable differences.CoramADUKE JEAL PRAXADES ATIENO
Holding
The court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
RMK and BNW were married on December 13, 2008. The petitioner filed a petition on September 29, 2022, and the respondent entered appearance.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage has occurred as per section 65 of the Act.
Reasoning
The court found that the irretrievable breakdown of the marriage has occurred due to adultery, cruelty, and irreconcilable differences. The court noted the unequivocal terms of the petition and answer to petition, stating that the petitioner wanted the marriage dissolved.
Outcome
The marriage between RMK and BNW is dissolved.
Orders
- The marriage between the two be and is hereby dissolved.
- Decree nisi do issue to be made absolute in 30 days.
Remedies
- Each party to bear their own costs.
Authorities cited
Legislation (1)
- The Marriage Act, 2014
Cases cited (3)
- JSM vs. ENB [2015]
- ROK v MJB [2017]
- 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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