[2023] KEMC 159 (KLR)

[2023] KEMC 159 (KLR)

The court found that the petitioner had established the grounds of irretrievable breakdown and desertion as stipulated under section 65 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated for a significant period and had no intention of reconciling. The respondent did not...

Source-derived case information.

Citation
[2023] KEMC 159 (KLR)
Parties
Applicant: IMB; Respondent: EKM
Court
Magistrate's Court
Court Station
Milimani Commercial Chief Magistrate's Courts
Jurisdiction
Kenya
Judgment Date
6 June 2023
Case Number
Divorce Cause E1341 of 2021
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JP Aduke
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown, Desertion, Christian Marriage, Grounds for Divorce
Source Language
english
Family and Children Dissolution of Marriage Irretrievable Breakdown Desertion Christian Marriage Grounds for Divorce

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Parties

IMB

Applicant

EKM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties should be dissolved 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 stipulated under section 65 of the Marriage Act, 2014. The evidence showed that the parties had been physically separated for a significant period and had no intention of reconciling. The respondent did not contest the petition. The court, relying on statutory provisions and relevant case law, held that it could not compel parties to remain in a marriage where the union had broken down and one party sought dissolution. Consequently, the court granted the order for dissolution of the marriage.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between IMB and EKM is hereby dissolved.
  • Decree nisi to issue, to be made absolute in 30 days.