AWK v PKM (Divorce Cause E1243 of 2022) [2023] KEMC 252 (KLR) (14 June 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 252
- Citation
- [2023] KEMC 252 (KLR)
- Decided
- 14 June 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 marriage.CoramADUKE JEAL PRAXADES ATIENO
Holding
The marriage between the parties is dissolved.
Facts
Petitioner and Respondent solemnized their marriage on 20th October 2012. They have no issues from the union and have no intentions of salvaging the marriage. The petitioner averred that the marriage has irretrievably broken down due to cruelty, desertion, 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, desertion, or irretrievable breakdown.
Reasoning
The court considered the grounds outlined in the petition and the length of physical separation. The court noted the petitioner's unequivocal statement that she wants the marriage dissolved.
Outcome
Petition 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 (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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