Automated Summary
Key Facts
The Petitioner and Respondent married on 31 October 1998, adopted two children (M V and L W V), and lived apart since 2012 due to irreconcilable differences. The court dissolved their marriage on 13 July 2015 under Section 66(2) of the Marriage Act 2014, citing an irretrievably broken relationship. No orders were made regarding costs.
Issues
The court considered whether the marriage could be dissolved on the grounds of irreconcilable differences under Section 66(2) of the Marriage Act 2014, given the parties' separation since 2012 and inability to sustain a cordial relationship.
Holdings
The court dissolved the marriage between the petitioner and respondent under Section 66(2) of the Marriage Act 2014, finding irreconcilable differences due to a 3-year separation and inability to sustain a cordial relationship. The decree nisi was issued on 13th July 2015 with no costs ordered.
Remedies
- No orders as to costs have been made in this case.
- The court has dissolved the marriage between the petitioner and respondent, celebrated on 31st October 1998, on the grounds of irreconcilable differences. A decree nisi has been issued and is to be made absolute within 30 days.
Legal Principles
The court dissolved the marriage under Section 66(2) of the Marriage Act 2014 due to irreconcilable differences, finding the marriage irretrievably broken down.
Cited Statute
Marriage Act 2014
Judge Name
R. E. OUGO
Passage Text
- 6. The petitioner seeks divorce on grounds of irreconcilable differences. Under Section 66(2) of the Marriage Act 2014 a court can dissolve a marriage on grounds of irretrievably broken down. It is the petitioners evidence that attempts at reconciliation have not been fruitful and that they have lived apart from 2012. I find that there is irreconcilable difference between the parties and this court dissolves the marriage between the petitioner and the respondent celebrated on the 31st October 1998. A decree nisi to issue and to be made absolute within 30 days. No orders as to costs. It is so ordered.
- 3. The cause came for hearing on 4/6/2015. The petitioner testified that when they got married their marriage was not blessed with any children and they adopted 2 children both girls M V and L W V, hereinafter aged 7 years 4 months and 3 years 10 months respectively. That they completed the adoption of one child and were in the process of completing the other adoption when the marriage or relationship fell apart...
- 2. On 5th of January 2012 the petitioner filed the petition seeking that the marriage between the petitioner and respondent be dissolved and/or annulled. The said petition was amended on 31/08/2012. On 24th August 2012 the respondent filed an answer to the petition and cross petition. On 5th September 2012 the petitioner filed another amended petition which was further amended in court orally on the 4th of June 2015 withdrawing the grounds of adultery and cruelty and substituted the same with the ground of irreconcilable differences...