PBA v JSM (Divorce Cause E137 of 2022) [2023] KEMC 78 (KLR) (6 March 2023) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 78
- Citation
- [2023] KEMC 78 (KLR)
- Decided
- 6 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetition for divorce grantedCoramADUKE JEAL PRAXADES ATIENO
Holding
The court grants the petition for divorce on the grounds of cruelty and irretrievable breakdown of the marriage.
Facts
PBA and JSM married on August 25, 2004, and have two children. They have been living apart since 2016 and have no intention of salvaging the marriage.
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 marriage has irretrievably broken down due to cruelty and the parties' lack of intention to salvage the marriage. The court also noted the physical separation and antagonism between the parties.
Outcome
The marriage is dissolved, and the decree nisi is made absolute in 30 days.
Orders
- The marriage between the parties is dissolved.
- Decree Nisi is made absolute in 30 days.
Authorities cited
Legislation (2)
- The Marriage Act 2014
- JSM vs ENB (2015)
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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