[2023] KEMC 52 (KLR)

[2023] KEMC 52 (KLR)

The court found that the petitioner had established the grounds of irretrievable breakdown and desertion as required under section 65 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated and there was no intention to salvage the marriage. The court emphasized that marriage is...

Source-derived case information.

Citation
[2023] KEMC 52 (KLR)
Parties
Applicant: CKK; Respondent: MMM
Court
Magistrate's Court
Court Station
Milimani Commercial Chief Magistrate's Courts
Jurisdiction
Kenya
Judgment Date
30 November 2023
Case Number
Divorce Cause E838 of 2023
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JP Aduke
Legal Topics
Divorce, Irretrievable Breakdown, Desertion, Christian Marriage, Dissolution of Marriage
Source Language
english
Family and Children Divorce Irretrievable Breakdown Desertion Christian Marriage Dissolution of Marriage

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Parties

CKK

Applicant

MMM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties should be dissolved under section 65 of the Marriage Act, 2014.
  2. 2 Whether the grounds of irretrievable breakdown and desertion have been established.

Ratio Decidendi

The court found that the petitioner had established the grounds of irretrievable breakdown and desertion as required under section 65 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated and there was no intention to salvage the marriage. The court emphasized that marriage is a voluntary union and it cannot compel parties to remain married when one party seeks dissolution. The petition was allowed and the marriage was dissolved, with a decree nisi to be made absolute in 30 days. Each party was ordered to bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the parties is hereby dissolved.
  • Decree nisi to issue and be made absolute in 30 days.