By HAROLD AYODO
Dear Harold
We never had sexual intercourse before we wedded last month, but my wife recently told me she was three months pregnant. I am a heartbroken and depressed because I know she cheated on me. I regret sacrificing my savings for a colourful wedding and honeymoon at the Coast. I spent a fortune to pay her dowry before a colourful church wedding. We agreed — as Christians — not to have sex during our six months of courtship to save the best for last. She is remorseful and says it happened while I was away on a three-month assignment out of town. I feel cheated. I need legal advise to walk out of this mess.
Rogers, Nairobi
Dear Rogers,
A valid marriage can be nullified in court when the bride was pregnant by another person — other than the groom — at the time of marriage. Therefore, you may have a valid ground for divorce but you must also be ready to prove that you were not aware of her pregnancy when you wedded her. There are decided cases, in the United Kingdom, on the same that serve as judicial precedents locally. For instance, in the case of Poulet Perrage, the wife was three months pregnant at the time of marriage. It was only two months after the wedding that the husband realised that he married her while expectant. Further evidence in court showed she delivered six months after the wedding. The marriage was nullified after he proved no sexual intercourse before marriage and the baby was not his.
Got a family related legal issue? Ask the lawyer on hayodo@standardmedia.co.ke
