PMO v JWM (Divorce Cause E1030 of 2022) [2023] KEMC 59 (KLR) (13 March 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 59
- Citation
- [2023] KEMC 59 (KLR)
- Decided
- 13 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of desertion and irretrievable breakdown of marriage.CoramADUKE JEAL PRAXADES ATIENO, SENIOR RESIDENT MAGISTRATE
Holding
The court allows the petition dated August 30, 2022, and dissolves the marriage.
Facts
Petitioner and Respondent solemnized their marriage in 1994 and have four adult children. They have no intention of salvaging the marriage. The parties have been physically separated since 2013.
Issues
- Whether the marriage merits an order of divorce under The Marriage Act 2014.
- Whether the irretrievable breakdown of the marriage is due to desertion and irretrievable breakdown of the marriage.
Reasoning
The court considered the grounds for divorce and the irretrievable breakdown of the marriage. The length of physical separation and levels of antagonism were noted. The court emphasized the petitioner's unequivocal statement that she wants the marriage dissolved.
Outcome
Petition granted.
Orders
- The marriage between the two be hereby dissolved.
- Decree nisi do issue to be made absolute in 30 days.
Remedies
- Each party to bear their own costs.
Authorities cited
Legislation (2)
- The Marriage Act 2014
- Section 66 of the Act (dissolution of Civil marriage)
Cases cited (3)
- JSM vs ENB (2015)
- ROK V MJB
- 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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