We wanted to spice up our sex life...but this befell us

Dear Harold,
I am embarrassed to mention this... We recently had an arrangement with another couple we are close to but this turned against us. To spice up our bedrooms, we agreed to swap partners during a weekend out.

Unfortunately, my husband allegedly impregnated our friend’s wife and she’s planning to give birth to the baby due to unavoidable circumstances.

I am terribly scared of what will happen since her husband might refuse to take care of the baby since this wasn’t part of the arrangement. Can such an incident be a ground for divorce to any of us?
Ciru, Nairobi.

Dear Ciru,
Adultery, under your situation cannot be argued for purposes of ending a marriage – especially after mutually agreeing to swap your spouses. Legally, adultery is voluntary sexual intercourse between a married person and someone other than the lawful spouse.

However, a court may refuse to give divorce if it finds out that a spouse seeking to end the marriage condoned adultery. It can also dismiss the suit if a spouse connived – arrange with your partner to commit adultery in order to have grounds for divorce.

If the baby is born, Article 53 of the Constitution is clear that a child’s best interests are of paramount important in every matter concerning the baby.

Every child has also the right to parental care and equal responsibility of the mother and father to provide for the baby whether they are married to each other or not!