[2024] KEMC 9 (KLR)

[2024] KEMC 9 (KLR)

The court found that the petitioner had established the grounds of irretrievable breakdown and desertion as required under section 66 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated, the respondent was resident in Australia, and there was no intention to salvage the...

Source-derived case information.

Citation
[2024] KEMC 9 (KLR)
Parties
Applicant: EWN; Respondent: SCM
Court
Magistrate's Court
Court Station
Chief Magistrate's Court (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 May 2024
Case Number
Divorce Cause E1007 of 2022
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
JP Aduke
Legal Topics
Divorce, Irretrievable Breakdown, Desertion, Dissolution of Marriage
Source Language
english
Family and Children Divorce Irretrievable Breakdown Desertion Dissolution of Marriage

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Summary, issues, holding and outcome

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Parties

EWN

Applicant

SCM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties merits an order of divorce under 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 66 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated, the respondent was resident in Australia, 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. Accordingly, the court allowed the petition and ordered the dissolution of the marriage.

Court Disposition

Petition allowed; marriage dissolved.

Orders

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