Mombasa couple asks court to end their 22 years of marriage

A couple in Mombasa has asked the court to end their 22 years of marriage, counter-accusing each other of infidelity, denying of conjugal rights and abandonment.

The wife, Ms LMH, filed the divorce case seeking dissolution of the marriage on grounds that the union is unsalvageable.

Through her lawyer, the woman says her husband has deserted the family, neglected his parental duties and violently abused her, causing her to relocate to a friend’s house.

“The petitioner wishes to state that because of the adultery, cruelty, desertion, thus on and off separation, wishes not to remain tied to the marriage and cannot live with the respondent and verily believes that the marriage cannot be salvaged,” she said in her court papers.

The couple’s marriage was solemnised at Jomvu Kuu Mombasa in 1996, and together, they have two grown up children.

ASSETS

Ms LMH says the once happy marriage that was filled with romance, hit a snag in 2007 when she discovered that her husband, Mr JMM, was having an extra-marital affair with another woman, with whom she claims they have a child.

She said her husband's love affair and the subsequent siring of the child created discomfort in their marriage as she got worried about the status of their matrimonial assets, which are still in the husband’s name.

“Sometimes in 2013, my husband wilfully denied me conjugal rights by relocating from [our] matrimonial bed to a different room under the same roof, this caused me to suffer loss of self-worth,” she told court in her papers.

The woman said her attempts to salvage the marriage by holding several meetings with their parents  has failed to bear fruit since he has refused to abandon the relationship, but only became arrogant and declined to change ownership of the matrimonial assets.

She also accuses her husband of failing to take responsibility for their children by refusing to pay their school fees.

Ms LMH says her husband left their matrimonial house in May last year and moved to an unknown place.

COUNTER ACCUSATIONS

But Mr JMM, has denied all the allegations, saying has never abused or denied Ms LMH her conjugal rights.

In his response, Mr JMM, said he did not have an extra-marital affair as alleged.

However, Mr JMM has asked the court to grant the divorce, counter-accusing his wife of adultery and walking out of their marriage.

“The petitioner on several occasions lied to me that she was going for night shifts whereas [the firm] management department’s staff do not go to work at night,” he said

He said his wife used to spend most weekends outside their home without his knowledge.

“She would spend her weekend at Kwale with her boyfriend leaving me and children unattended to. When asked, she would threaten with leaving the matrimonial home and divorce as she is employed and did not need me,” he said.

Mr JMM asked the dissolve the marriage, claiming they have both moved on and there is no chance for reconciliation.

The matter is slated for hearing on June 19.