You can now be granted divorce in court if you lose feelings for your partner in marriage, court rules.
The matter was ruled by Justice Samuel Mohochi at Nakuru Law Courts on Thursday, while delivering judgement in a divorce case of an Indian couple.
“No man and woman can be bound by law or religion where no love and feelings exist in holding the union of marriage together,” Justice Mohochi was quoted as saying.
He argued that if there was no longer love in a marriage then there was nothing else holding the union together.
Justice Mohochi granted the Indian man only identified as NHS a divorce from his wife after 20 years in marriage. In his submissions, NHS accused his wife of being lazy and abusive while demanding an expensive life.
NHS, who owns a business, told the court his ex-wife TSS was always asking for money and gifts yet she had refused to get a job or open a business to supplement the family’s income.
The court heard that TSS took the family gold and embezzled KSh25 million offered by the ex-husband on expenses which she would not explain. Further, that she went on to borrow more money, leaving her ex-husband to pay the debts.
“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,” read part of NHS’s submission.
Tired of her persistent fights, NHS claimed he moved out of their home and rented an apartment for the past three years.
He told the court that he continued to provide rent and food for his ex-wife even after moving out, yet the woman never reached out to try and resolve their issues.
In her response, TSS denied allegations of refusing to get a job and demanding an expensive lifestyle. She instead accused him of infidelity, particularly when he moved out.
“No wife or husband can entertain a partner who is cheating and or having affairs outside marriage on this planet or otherwise,” she explained.
That on many occasions, TSS alleged she confronted her husband but apparently the habit did not fade away, rendering their marriage broken.
She went on to claim her ex-husband did not provide enough for the household, as he only paid rent and gave her a monthly allowance of KSh30,000 for food and other household expenses.
TSS however admitted to have received KSh25 million from her husband but declined to divulge details of how she used the money.
The Indian couple have one child born in 2006. TSS told the court she quit her job to raise ther child and care for her father-in-law who passed away in 2018.
Since then, she reportedly presented some ideas to her ex-husband hoping he would provide capital to actualise them, but apparently declined.
While filing for divorce in 2022, NHS said their marriage was broken beyond repair as he had lost feelings for his ex-wife. He asked the court to the transfer the house in his child’s name and grant the mother child custody.
