[2023] KEMC 162 (KLR)

[2023] KEMC 162 (KLR)

The court found that the petitioner had established the grounds of desertion and irretrievable breakdown of the marriage as required under section 65 of the Marriage Act, 2014. The respondent had been absent from the matrimonial home since 2004 and there was no intention from either party 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. The petition was therefore allowed and the marriage dissolved.

Citation
[2023] KEMC 162 (KLR)
Parties
Applicant: MMM; Respondent: AMN
Court
Magistrate's Court
Court Station
Milimani Commercial Chief Magistrate's Courts
Jurisdiction
Kenya
Judgment Date
13 June 2023
Case Number
Divorce Cause E895 of 2022
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JP Aduke
Legal Topics
Dissolution of Marriage, Desertion, Irretrievable Breakdown, Christian Marriage, Uncontested Divorce
Source Language
English
Family and Children Dissolution of Marriage Desertion Irretrievable Breakdown Christian Marriage Uncontested Divorce

Case Brief

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Parties

MMM

Applicant

AMN

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 desertion and irretrievable breakdown have been established.

Ratio Decidendi

The court found that the petitioner had established the grounds of desertion and irretrievable breakdown of the marriage as required under section 65 of the Marriage Act, 2014. The respondent had been absent from the matrimonial home since 2004 and there was no intention from either party 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. The petition was therefore allowed and the marriage dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between MMM and AMN is hereby dissolved.
  • Decree nisi to issue and be made absolute in 30 days.