[2019] KEHC 4720 (KLR)

[2019] KEHC 4720 (KLR)

The court found that the Petitioner and Respondent had lived separately since 2015, satisfying the statutory requirement under Section 66(6)(d) of the Marriage Act, 2014, which provides that a marriage has irretrievably broken down if the spouses have been separated for at least two years. The court held that the Petitioner had met the legal threshold for dissolution of the marriage and allowed the petition as prayed. No order as to costs was made.

Citation
[2019] KEHC 4720 (KLR)
Parties
Petitioner: PB; Respondent: EAM
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
8 July 2019
Case Number
Divorce Cause 2 of 2018
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Civil Marriage, Separation Agreement
Source Language
English
Family and Children Divorce Irretrievable Breakdown of Marriage Civil Marriage Separation Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

PB

Petitioner

EAM

Respondent

Procedural Posture

Divorce Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the Petitioner and Respondent has irretrievably broken down under Section 66 of the Marriage Act, 2014.
  2. 2 Whether the Petitioner is entitled to a decree of dissolution of marriage.

Ratio Decidendi

The court found that the Petitioner and Respondent had lived separately since 2015, satisfying the statutory requirement under Section 66(6)(d) of the Marriage Act, 2014, which provides that a marriage has irretrievably broken down if the spouses have been separated for at least two years. The court held that the Petitioner had met the legal threshold for dissolution of the marriage and allowed the petition as prayed. No order as to costs was made.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the Petitioner and Respondent is dissolved.
  • There is no order as to costs.