AWK v EKO (Divorce Cause E1215 of 2022) [2023] KEMC 236 (KLR) (5 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 236
- Citation
- [2023] KEMC 236 (KLR)
- Decided
- 5 June 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 court dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
Petitioner and Respondent solemnized their marriage on 27th September 2008. They have three children 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 irretrievable breakdown of the marriage and the length of physical separation. The court emphasized the petitioner's intention to dissolve the marriage.
Outcome
The petition for divorce was granted.
Orders
- The marriage between the parties 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 (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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