[2023] KEMC 104 (KLR)

[2023] KEMC 104 (KLR)

The court found that the marriage had irretrievably broken down as evidenced by the particulars of adultery, cruelty, and the parties' unequivocal lack of intention to reconcile. The court relied on Section 65 of the Marriage Act, 2014, and relevant case law, holding that it cannot compel parties to remain in a marriage where there is no mutual desire to continue the union. The absence of legible financial documents precluded any finding on alimony. The court therefore granted the divorce, issued a decree nisi to be made absolute in 30 days, and ordered each party to bear their own costs.

Citation
[2023] KEMC 104 (KLR)
Parties
Applicant: WM; Respondent: RM
Court
Magistrate's Court
Court Station
Milimani Commercial Chief Magistrate's Courts
Jurisdiction
Kenya
Judgment Date
22 March 2023
Case Number
Divorce Cause E435 of 2021
Procedural Posture
Divorce Cause / Judgment
Outcome
petition allowed; marriage dissolved
Judges
JP Aduke
Legal Topics
Dissolution of Marriage, Adultery, Cruelty, Irretrievable Breakdown, Christian Marriage, Alimony
Source Language
English
Family and Children Dissolution of Marriage Adultery Cruelty Irretrievable Breakdown Christian Marriage Alimony

Case Brief

Summary, issues, holding and outcome

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Parties

WM

Applicant

RM

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 adultery, cruelty, and irretrievable breakdown have been established.
  3. 3 Whether either party is entitled to alimony.

Ratio Decidendi

The court found that the marriage had irretrievably broken down as evidenced by the particulars of adultery, cruelty, and the parties' unequivocal lack of intention to reconcile. The court relied on Section 65 of the Marriage Act, 2014, and relevant case law, holding that it cannot compel parties to remain in a marriage where there is no mutual desire to continue the union. The absence of legible financial documents precluded any finding on alimony. The court therefore granted the divorce, issued a decree nisi to be made absolute in 30 days, and ordered each party to bear their own costs.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the parties is dissolved.
  • Decree nisi to issue and be made absolute in 30 days.