[2014] KEHC 6497 (KLR)

[2014] KEHC 6497 (KLR)

The court found that the divorce petition was filed prematurely, as it was presented before the expiry of three years from the date of marriage, contrary to section 6 of the Matrimonial Causes Act. Furthermore, there was no evidence that the petitioner had obtained leave of court to file the petition before the lapse of the statutory period. The absence of such leave rendered the petition incompetent and premature, necessitating its striking out.

Citation
[2014] KEHC 6497 (KLR)
Parties
Petitioner: D K I; Respondent: T S M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
14 March 2014
Case Number
Divorce Cause 65 of 2013
Procedural Posture
Divorce Cause / Judgment
Outcome
petition struck out as premature and incompetent
Judges
DN Musyoka
Legal Topics
Divorce Petition, Matrimonial Causes Act, Premature Filing, Leave of Court Requirement
Source Language
English
Family and Children Divorce Petition Matrimonial Causes Act Premature Filing Leave of Court Requirement

Case Brief

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Parties

D K I

Petitioner

T S M

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the divorce petition was filed in contravention of section 6 of the Matrimonial Causes Act.
  2. 2 Whether leave of court was obtained to file the petition before expiry of three years from the date of marriage.

Ratio Decidendi

The court found that the divorce petition was filed prematurely, as it was presented before the expiry of three years from the date of marriage, contrary to section 6 of the Matrimonial Causes Act. Furthermore, there was no evidence that the petitioner had obtained leave of court to file the petition before the lapse of the statutory period. The absence of such leave rendered the petition incompetent and premature, necessitating its striking out.

Court Disposition

petition struck out as premature and incompetent

Orders

  • The petition is struck out.
  • There will be no orders as to costs.