[2002] KEHC 283 (KLR)
The court found that the applicant had demonstrated serious grounds for divorce and, in the absence of any opposition from the respondent, this was a suitable case for the exercise of judicial discretion to grant leave to file a petition before the statutory three-year period had elapsed.
Source-derived case information.
- Citation
- [2002] KEHC 283 (KLR)
- Parties
- Applicant: P G M; Respondent: F M M
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 6 of 2002
- Procedural Posture
- Divorce Cause / Ruling on Application for Leave to File Divorce Petition Before Three Years
- Outcome
- Leave granted to file divorce petition before three years; costs in cause.
- Legal Topics
- Divorce Petition, Leave to File Before Three Years, Matrimonial Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P G M
Applicant
F M M
Respondent
Procedural Posture
Divorce Cause / Ruling on Application for Leave to File Divorce Petition Before Three Years
Legal Issues
- 1 Whether the applicant should be granted leave to file a divorce petition before the expiry of three years since the marriage was solemnized.
Ratio Decidendi
The court found that the applicant had demonstrated serious grounds for divorce and, in the absence of any opposition from the respondent, this was a suitable case for the exercise of judicial discretion to grant leave to file a petition before the statutory three-year period had elapsed.
Court Disposition
Leave granted to file divorce petition before three years; costs in cause.
Orders
- P K Ma is hereby granted leave to file a petition for divorce before the end of three years since the marriage was solemnized.
- Costs in cause.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
DIVORCE CAUSE NO.6 OF 2002
P G M……………………………………..PETITIONER
=V E R S U S=
F M M…………………………RESPONDENT
R U L I N G
I have examined the application and the grounds upon which it is based in the affidavit and on the application. I note that the application was served upon the Respondent but the later has not bothered to respond. The grounds upon which the Petition is to be grounded are serious. This might be a suitable case where a petition may be allowed to be filed before the end of three years prescribed.
ORDER:
1. P K Ma is hereby granted leave to file a petition for divorce before the end of three years since the marrieage was solemnized.
2. Costs in cause.
Dated and delivered at Mombasa this 15th day of April, 2002.
D. A. ONYANCHA J U D G E