No Love, no union: Court grants divorce on grounds of lost feelings

A court in Nakuru says the end of love and emotional attachment in a marriage is reason enough to grant divorce.

Justice Samuel Mohochi made the ruling in a divorce case involving an Indian couple, which had lost feelings for each other declaring that where love ceases to exist, none of the parties should be bound by legal or religious obligations. 

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

The judge said a marriage where love and feelings between a couple have gone out of the bedroom door can be considered broken as there will be nothing binding the duo.

He granted divorce to Mr NHS from his wife of 20 years, Ms TSS, whom he accused of being abusive and lazy yet demanding an expensive lifestyle.

Mr NHS claimed the wife had demanded an arm and a leg from him yet she did not want to contribute to the family wealth.

In his petition, NHS said the wife had been a drama queen, abusive and confrontational when making her demands.

The court heard the woman had taken family gold, squandered at least Sh25 million given to her and embarked on a borrowing spree yet continues to assault and torture the husband psychologically.

“Worse still, she continues to assault the petitioner by following him to his work place and hurling abuses at him in front of his customers and staff members consequently degrading his reputation and causing the petitioner extreme mental anxiety and anguish,” stated Mr NHS.

He told the court that the wife had refused to get a job or start a business to enable her to contribute to the domestic budget and wellbeing of the family and only prefers to remain in the house and wait for him to arrive in the evening before igniting a fight.

For the sake of his peace of mind, NHS informed the court that he was forced to move out of the matrimonial home opting to rent elsewhere.

The court heard that in the three-year period when the man lived away, the woman never took any steps towards resolving the matter in order to save the marriage.

NHS claimed to be a humble and loving man who sufficiently provided for his wife even after he left the home.

However, the better half, in her response to the petition, denied the allegations by her husband whom she accused of infidelity.

She told the court that the man had bolted out of the matrimonial bed out of his own volition and eloped with someone’s wife before renting an apartment one floor above theirs.

She claimed to have confronted the husband on several occasions over what she said was a string of illicit affairs which she could not entertain.

“No wife or husband can entertain a partner who is cheating and or having affairs outside marriage on this planet or otherwise,” she said.

Ms TSS accused the husband of not providing enough as he only paid rent and used to give her Sh30,000 for the family's monthly upkeep.

The woman explained that she gave up her job to take care of their child and household chores as well as taking care of her ailing father-in-law who passed on six years ago. She said the husband upon his father’s death piled pressure on her to get a job but refused to invest in her ideas.

She claimed to have used the money to supplement the domestic budget.

She also admitted receiving Sh25 million from the husband as directed by another court.
According to the court papers, the two got married in July 2002 in accordance with Hindu Marriage and Divorce (now repealed).

Out of the union, they were blessed with one child born on February 20, 2006. However, they separated in 2020 when the man moved out of the house.

In his petition filed in 2020, NHS wanted the marriage which he described as irretrievably broken to be dissolved and the custody of the child given to its mother.

He wanted his house to be transferred to the name of the daughter once she attains adulthood.

He also wanted the woman to be ordered to return the gold as per the Hindu customs and traditions.

Justice Mohochi in his judgment allowed the petition to dissolve the Hindu marriage between the couple noting that the pair had proved that their marriage has irretrievably broken down due to adultery, denial of conjugal rights and cruelty.

“The respondent shall have custody of the daughter for the next one year after attaining her age of majority, she shall be at liberty to decide how she relates with her parents or where she may reside,” ruled the judge.

The court further allowed the man to transfer their matrimonial house to the name of the daughter once she attains 18 years.

[email protected]