[2013] KEHC 6195 (KLR)

[2013] KEHC 6195 (KLR)

The court found that the applicant failed to provide sufficient particulars or evidence of exceptional hardship suffered or exceptional depravity on the part of the respondent as required by Section 6 of the Matrimonial Causes Act and Rule 2(2) of the Matrimonial Causes Rules. Mere separation and lack of conjugal relations, without more, do not meet the statutory threshold for granting leave to file for divorce before the expiry of three years from the date of marriage. The application was therefore dismissed for lack of merit.

Citation
[2013] KEHC 6195 (KLR)
Parties
Applicant: D M K; Respondent: E K B
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2013
Case Number
Miscellaneous Civil Cause 72 of 2012
Procedural Posture
Miscellaneous Cause / Ruling on Application for Leave to File Divorce Before Statutory Period
Outcome
application dismissed with costs
Judges
DN Musyoka
Legal Topics
Divorce Petition, Matrimonial Causes, Exceptional Hardship, Exceptional Depravity
Source Language
English
Family and Children Divorce Petition Matrimonial Causes Exceptional Hardship Exceptional Depravity

Case Brief

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Parties

D M K

Applicant

E K B

Respondent

Procedural Posture

Miscellaneous Cause / Ruling on Application for Leave to File Divorce Before Statutory Period

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional hardship or exceptional depravity to justify leave to file a divorce petition before three years of marriage have elapsed.

Ratio Decidendi

The court found that the applicant failed to provide sufficient particulars or evidence of exceptional hardship suffered or exceptional depravity on the part of the respondent as required by Section 6 of the Matrimonial Causes Act and Rule 2(2) of the Matrimonial Causes Rules. Mere separation and lack of conjugal relations, without more, do not meet the statutory threshold for granting leave to file for divorce before the expiry of three years from the date of marriage. The application was therefore dismissed for lack of merit.

Court Disposition

application dismissed with costs

Orders

  • The Originating Summons dated 13th June 2012 is dismissed with costs to the respondent.