[2011] KEHC 1515 (KLR)

[2011] KEHC 1515 (KLR)

The court found that the applicant failed to demonstrate any exceptional hardship or compelling circumstances that would justify granting leave to file a divorce petition before the expiry of three years of marriage. The applicant's assertions regarding attempts at reconciliation were found to be vague and lacking...

Source-derived case information.

Citation
[2011] KEHC 1515 (KLR)
Parties
Applicant: P.A.M; Respondent: M.K
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
20 July 2011
Case Number
Civil Suit 50 of 2011
Procedural Posture
Civil Suit / Ruling on Application for Leave to File Divorce Petition Before Three Years of Marriage
Outcome
application dismissed with costs
Judges
DO Ohungo
Legal Topics
Divorce Petition, Matrimonial Causes, Leave to File Before Three Years, Desertion, Reconciliation Attempts
Source Language
english
Family and Children Divorce Petition Matrimonial Causes Leave to File Before Three Years Desertion Reconciliation Attempts

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Summary, issues, holding and outcome

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Parties

P.A.M

Applicant

M.K

Respondent

Procedural Posture

Civil Suit / Ruling on Application for Leave to File Divorce Petition Before Three Years of Marriage

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient hardship or circumstances to warrant leave to file a divorce petition before the expiry of three years of marriage.
  2. 2 Whether the applicant has provided adequate particulars of attempts at reconciliation as required by the Matrimonial Causes Rules.

Ratio Decidendi

The court found that the applicant failed to demonstrate any exceptional hardship or compelling circumstances that would justify granting leave to file a divorce petition before the expiry of three years of marriage. The applicant's assertions regarding attempts at reconciliation were found to be vague and lacking in specificity, contrary to the requirements of Rule 2(2)(e) and (f) of the Matrimonial Causes Rules. The court held that mere desertion by the respondent, without more, does not constitute sufficient hardship or urgency to warrant the exercise of discretion under section 6 of the Matrimonial Causes Act. Accordingly, the application was dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for leave to file a divorce petition before expiry of three years of marriage is dismissed.
  • The applicant shall bear the costs of the application.