Woman divorces husband for denying her sex after giving birth to their first child

The mother of one went to court seeking to split the marriage
  • The court ruled that the spouses separate because of lack of sex, cruelty and desertion
  • The woman went to court asking for the split because her husband changed towards her after she gave birth to their first child
  • On the other hand, the man claimed the woman was adulterous as she was in constant contact with her ex-boyfriend

 

A court has dissolved the marriage of a Nairobi couple over lack of sex, cruelty and desertion.

The woman had moved to court seeking dissolution of their marriage due to denial of sex and irreconcilable differences with the husband.

She told court that after their son’s birth, the husband became cruel and accused her of being  adulterous.  She revealed that they solemnised their union at a church in Nairobi on September 30, 2000, having cohabited as husband and wife at Imara Daima estate. They have one child.

 She told court that her husband denied her sex, physically and verbally abused her, and would not allow her visit her parents.  According to court documents, she fled to her parents’ home in 2005, and the husband brought in another woman.

However, the man denied these allegations, claiming that his wife was an adulterous woman as she was in constant communication with her former boyfriend.

He claimed to have stumbled on flirty messages between her and the boyfriend.  In a ruling delivered on August 1, 2017, the judge noted that the court was not persuaded sufficiently to arrive at a conclusion that either party assaulted, abused or humiliated the other, thus exerting physical, mental or psychological injury.

“In this case, both adultery and desertion have been proved. Obviously, there cannot be a marriage by remote control. Based on the two grounds, this marriage has definitely broken down irretrievably”, reads the judgment.


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