BY SAM ALFAN.
No law or religion can bind a man or a woman where love and feelings no longer exist, a judge has ruled.
High Court judge Samuel Mohochi said a party in a union cannot be forced to co-exist in a union with no love or feelings at the behest of religion.
The judge made the decision while dissolving a 21-year-old marriage.
“Court accordingly allows the Petition dated 2nd July, 2020 and Cross-Petition dated 7 September, 2020. The Hindu marriage between the Petitioner and the Respondent is hereby dissolved,” ruled the Judge.
The court further ruled the woman shall have custody of their child for the next one year until the minor attains the majority age.
After that the girl will be at liberty to decide how she relates with her parent or where she may reside with.
The man was allowed to have visitation rights to the child.
Further, the man was directed to transfer their residential house described as Raj Courts Milimani-Nakuru into the name of their child after she attains 18 years old or within the next twelve months from the date of the decision.
While allowing the dissolution of the Hindu marriage court noted that the two postured that their marriage has irretrievably broken down, adultery, denial of conjugal rights and cruelty have been laid down in counter accusations.
The husband had filed for divorce case before a Nakuru court.
Evidence filed in court showed that the two got married under Hindu Marriage and Divorce Act and were blessed with one kid born in 2006.
In response to the divorce application by the husband, the woman told the court that she believed they were still compatible and that the marriage can be salvaged should the man mend his ways.
The two were married for 21 years but separated in the year 2020 under what the man terms as due to drama, shouting, agreements and abuses from his now former wife.
The man denied assaulting the woman either physically, emotionally or forcefully removing her from their house. He also denied allegations by the wife of having extra marital affairs or denying her conjugal rights.
“I have been providing for my family during the marriage and after leaving i have been paying upkeep and medical,” man told the court.
The man told the court that when he came from Mombasa there was a gold. His wife had one key to the safety deposit box and the other was with the bank. The wife had the custody until 2009 when he found out that she was borrowing from people and he also found out that she took all the gold in the locker belonging to their family despite him giving her money to run the house.
He prayed that the Court does grant the divorce and order for the wife to return the gold as it never belonged to her that according to Hindu customs, upon divorce the same should be returned.
He stated that the gold issue has never been settled and not in the Children’s Court. He added that he paid her 15 million plus 10 million that the Petitioner’s dad had left her before his death. He intends to transfer the house to their daughter when she turns 18.
The wife testified that she was a house wife and that the husband has not been providing, has been having an affair and was violent. She stated that he only paid house rent and Sh. 30,000 for three staff, food for the family and dogs.
That he would get violent whenever they did a budget.
She added that the husband has been living with a third party and had been doing so six months prior to their separation. She admitted to receiving 25 million though the house has not been transferred. The 10 million was a gift from her father-in-law and the 15 million is for herself not for her daughter.
She added that there was a children’s case that was ongoing and that the transfer of the house was never raised in the children’s court but it ought to be. She admitted to taking the gold only that it belonged to her family and the sister had taken half of the gold. That what they gifted her was fake gold.
