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Court grants a man divorce terming the union as irretrievable

 Court gavel. (Courtesy)

A Nakuru court has granted a businessman divorce after establishing that the union was irretrievable after mediation and reconciliation failed.

NHS had filed a petition seeking to dissolve his 21 years of marriage alleging that TSS was dramatic and abusive.

The couple, NHS and TSS were married in accordance to Hindu marriage and divorce in 2002 but the union hit rock bottom in 2020.

The man went to court seeking to dissolve the union and have his wife granted custody of their 17-year-old daughter and he would be visiting the child.

Justice Samwel Mohochi observed the couple postured the marriage as irretrievably broken down, adultery, denial of conjugal rights and cruelty.

“No man and woman can be bound by law or religion, where no love and feelings exist in holding the union of marriage together,” Mohochi said.

TSS had testified that their marriage was compatible and that the marriage can be salvaged should the husband mend ways.

She testified that she was a house wife and that the petitioner has not been providing, had an affair and was violent.

She lamented that with three staff and dogs food the man would give her Sh30,000 which was not enough.

“He would get violent whenever we did a budget, my husband lived with a woman six months prior to our separation,” she added.

She admitted to receiving Sh25 million, with 10 million being a gift from her father-in-law and Sh15 million being hers.

TSS explained that her husband was supposed to transfer the house to the trust of their child.

She admitted to taking the gold which her husband demanded to be returned insisting that it was hers accusing the family of gifting her fake gold.

NHS stated that they were married for 21 years but has since separated with the wife since May 18, 2020 due to drama, shouting, argument and abuses.

He denied assaulting the wife either physically or emotionally or forcefully removing her from the house, denied extra marital affairs and denied her conjugal rights.

He testified that he has been providing for the family during marriage and after leaving, he has been paying for upkeep.

In 2009 he stated that he found out that the wife had been borrowing money from people after taking the family gold from a bank.

He prayed that the court grant divorce and order for the wife to return the gold as it never belonged to her as per Hindu customs upon divorce.

He stated that the gold issue has never been settled and not in children's court.

According to him, he paid 15 million plus 10 million that his father left before his death intending to transfer the house to her daughter.

Mohochi stated that the petition as deduced from the pleadings and evidence is grounded on cruelty and desertion.

“In the first instance the petitioner has discharged the burden of proof to be granted divorce, the court has considered the particulars of the evidence on record and the pleadings filed and how they have contributed to the irretrievable breakdown of the marriage,” the judge said.

The court, however, dissolved the marriage with the child placed in the custody of the mother for the next one year with the father allowed visitation.

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