AWB v RMW (Divorce Cause E650 of 2021) [2023] KEMC 53 (KLR) (23 November 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 53
- Citation
- [2023] KEMC 53 (KLR)
- Decided
- 23 November 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 dissolved the marriage and issued a decree nisi to be made absolute in 30 days.
Facts
AWB and RMW were married on October 21, 2016. They have no intention of salvaging the marriage and have been living apart for some time.
Issues
- Whether the marriage merits a divorce under The Marriage Act, 2014.
- Whether the irretrievable breakdown of the marriage is due to cruelty and irretrievable breakdown.
Reasoning
The court found that the irretrievable breakdown of the marriage was due to cruelty and the parties' lack of intention to salvage 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 (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.
Loading judgment…