EM v KKJ (Divorce Cause E125 of 2022) [2023] KEMC 62 (KLR) (23 March 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 62
- Citation
- [2023] KEMC 62 (KLR)
- Decided
- 23 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner sought divorce on grounds of desertion, adultery, cruelty, and irretrievable breakdown of marriage.CoramADUKE JEAL PRAXADES ATIENO, SENIOR RESIDENT MAGISTRATE
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 November 22, 2019. They have no children and have no intention of salvaging the marriage. The petitioner averred that the marriage has irretrievably broken down.
Issues
- Whether the marriage merits a divorce under the Marriage Act 2014.
- Whether the irretrievable breakdown of the marriage is due to adultery, 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, levels of antagonism, and the petitioner's unequivocal intention to dissolve the marriage.
Outcome
The petition for divorce was 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
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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