No Love, no union: Court grants divorce on grounds of lost love in marriage
A Nakuru court has ruled that the end of love and feelings in a marriage is reason enough to dissolve the union.
Ruling in a divorce case involving an Indian couple who had lost their feelings for each other, Justice Samuel Mohochi said that when love ceases to exist, neither party should be bound by legal or religious ties.
“No man and woman can be bound by law or religion where no love and feelings exist in holding the union of marriage together,” ruled Justice Samuel Mohochi.
The judge said a marriage where the love and feelings between a couple have faded can be considered broken as there is nothing to hold them together.
He granted Mr NHS a divorce from his wife of 20 years, Mrs TSS, whom he accused of being abusive and lazy, yet demanding an expensive lifestyle.
Mr NHS claimed that the woman had demanded too much from him, yet would not contribute to the family’s wealth.
The court heard that the woman had taken family gold, squandered at least Sh25 million given to her and gone on a borrowing spree, yet continued to psychologically abuse and torture the husband.
“Worse still, she continues to assault the petitioner by following him to his work place and hauling abuses at him in front of his customers and staff members consequently degrading his reputation and causing the petitioner extreme mental anxiety and anguish,” stated Mr NHS.
He told the court that his wife had refused to get a job or start a business so that she could contribute to the household budget and the family’s welfare, preferring instead to stay in the house and wait for him to come home in the evenings before picking a fight.
For his peace of mind, Mr NHS told the court that he had been forced to move out of the matrimonial home to rent another house.
The court heard that during the three years that the man was away from home, the woman never took any steps to resolve the matter in order to save the marriage.
He claimed to be a humble and loving man who provided for his wife even after he left the house.
However, in her response to the petition, the wife denied the allegations made by her husband, whom she accused of infidelity.
She told the court that the husband had left the matrimonial home of his own volition and eloped with someone’s wife before renting an apartment one floor above theirs.
She claimed to have confronted the husband on several occasions about what she described as a series of illicit affairs that she could not tolerate.
“No wife or husband can entertain a partner who is cheating and or having affairs outside marriage on this planet or otherwise,” she said.
Mrs TSS accused the husband of not providing enough as he only paid rent and used to give her Sh30,000 for the family’s monthly upkeep.
The woman explained that she had quit her job to look after the child, the household and her ailing father-in-law, who died six years ago. She said that after his father’s death, her husband put pressure on her to get a job but refused to invest in her ideas.
She claimed to have used the money to supplement the household budget.
She also admitted to receiving Sh25 million from the husband as ordered by another court.
The couple had one child, born on 20 February 2006. However, they separated in 2020 when the man moved out of the house.
In his petition filed in 2020, Mr NHS wanted the marriage, which he described as irretrievably broken, dissolved and custody of the child awarded to the mother.
He wanted his house to be transferred to his daughter’s name when she came of age.
He also wanted the woman to return the gold in accordance with Hindu customs and traditions.
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