PKW v SWCC (Divorce Cause E1108 of 2022) [2023] KEMC 249 (KLR) (23 August 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 249
- Citation
- [2023] KEMC 249 (KLR)
- Decided
- 23 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of cruelty, desertion, and 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
The petitioner and respondent solemnized their marriage on August 16, 1998, and have two children. They have no intentions 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 cruelty, desertion, or irretrievable breakdown.
Reasoning
The court considered the grounds for divorce 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
The petition was granted.
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 own costs.
Authorities cited
Legislation (2)
- The Marriage Act, 2014
- ROK v MJB (2017)
Cases cited (2)
- 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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