PNC v AMN (Divorce Cause E427 of 2021) [2023] KEMC 55 (KLR) (22 November 2023) (Judgment)
Neutral citation:
[2023] KEMC 55 (KLR)
Republic of Kenya
Divorce Cause E427 of 2021
JP Aduke, SRM
November 22, 2023
Between
PNC
Petitioner
and
AMN
Respondent
Judgment
1.The Petitioner filed the petition dated April 16, 2021 seeking a divorce on the grounds of cruelty, desertion and irretrievable breakdown of the marriage. Return of service on record shows that the respondent was served with the petition and annexures thereto. The respondent neither entered appearance nor filed a response. The petitioner filed an application seeking to have the petition proceed undefended. Return of service on record shows the petitioner served the respondent with the said application. These proceedings proceeded undefended.
2.The brief facts of the case are as contained in para 1-14 of the petition on record. In summary, PNC and AMN solemnized their marriage in May 26, 2016 at the Office of the Attorney General in Kenya. Both of them are domiciled in Kenya. The parties have no intentions of salvaging this marriage. The particulars of the grounds for divorce are outlined in the petition as follows:
3.At the hearing thereof, the petitioner relied on the petition and verifying affidavit on record as evidence in chief in support of the petition for divorce. Notably, the petitioner averred that the contents of the petition remained true as at the date of the hearing. He prayed for an order of dissolution of the marriage.
4.The issue for determination before this court is whether or not the marriage between the parties merits an order of divorce under The Marriage Act, 2014 (hereafter, the Act).
5.The applicable law is s.66 (dissolution of Civil Marriages) of the Act which provides that the court may grant separation or divorce on the following grounds:
6.I have considered the particulars of the grounds outlined in the petition and how those have contributed to the irretrievable breakdown of the marriage as contemplated under s.66 of the Act. I have also noted the length of physical separation of the couple herein, and relied on the reasoning of the court in JSM vs ENB[2015]. With respect to intention to salvage the union, I have noted the unequivocal terms of the Petition on lack of such intention. The reasoning of the court in ROK v MJB [2017] and TPH v NVS [2017] eKLR cannot be emphasized enough-
7.Seeing as this court cannot force two adults to live together when there is no more love between them, I allow the petition dated April 16, 2021 on the following terms:
JUDGEMENT DATED AND SIGNED THIS 22ND NOVEMBER 2023 AT 11.30AM.ADUKE JEAL PRAXADES ATIENOSENIOR RESIDENT MAGISTRATE