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Home / Relationships

He duped me into a sexless marriage

Dear Harold,


My husband has a permanent biological complication that has affected his reproductive system. He did not open up to me about this condition during courtship. Being a born again Christian, he  didn't want us to  get involved physically arguing that the body is the temple of God and we should wait until marriage. And we did.  I love him but disturbed by the fact that I am growing older and desire to have my biological children. I have talked to my friends and relatives and come to the conclusion to part ways. Could the law be on my side since we have never even consummated our marriage?

Ndinda, Nairobi.


Dear Ndinda

Yes, the law would be on your side but only after proving in court that your husband is permanently impotent. It would therefore be required that you engage a lawyer with a valid practicing certificate to make an application in court to declare your marriage null and void. The lawyer may have to produce medical evidence in court to convince the Bench of the permanent impotency that you never knew of before walking down the aisle. Legally, a marriage can be revoked if either spouse is permanently impotent or incapable of consummating the marriage at the time of the marriage. Consummation means newlyweds must be able to have sexual intercourse on their wedding day. Intercourse before the wedding is not relevant and cannot pass as consummation and a single act of sexual intercourse after marriage prevents this ground from succeeding.

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