[2023] KEMC 100 (KLR)

[2023] KEMC 100 (KLR)

The court found that the petitioner had established grounds for divorce under section 66 of the Marriage Act, 2014, specifically adultery, desertion, and irretrievable breakdown of the marriage. The court noted the parties had been physically separated since 2019, there was clear antagonism, and both parties had no...

Source-derived case information.

Citation
[2023] KEMC 100 (KLR)
Parties
Applicant: LAA; Respondent: RIE
Court
Magistrate's Court
Court Station
Milimani Commercial Chief Magistrate's Courts
Jurisdiction
Kenya
Judgment Date
17 February 2023
Case Number
Divorce Cause E591 of 2022
Procedural Posture
Divorce Cause / Judgment
Outcome
Petition allowed; marriage dissolved.
Judges
JP Aduke
Legal Topics
Divorce, Irretrievable Breakdown, Adultery, Desertion
Source Language
english
Family and Children Divorce Irretrievable Breakdown Adultery Desertion

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Summary, issues, holding and outcome

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Parties

LAA

Applicant

RIE

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties should be dissolved under section 66 of the Marriage Act, 2014.
  2. 2 Whether the grounds of adultery, desertion, and irretrievable breakdown have been established.

Ratio Decidendi

The court found that the petitioner had established grounds for divorce under section 66 of the Marriage Act, 2014, specifically adultery, desertion, and irretrievable breakdown of the marriage. The court noted the parties had been physically separated since 2019, there was clear antagonism, and both parties had no intention of salvaging the marriage. The respondent, though served, did not attend the hearing or contest the evidence. The court emphasized that marriage is a voluntary union and cannot be sustained by compulsion where 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 dissolved.
  • The petitioner to pursue reliefs under prayer b) before the Children’s Court.