Cruelty, adultery trigger several divorce cases in the military

Cases of adultery, mistrust and cruelty involving married couples serving in Kenya Defence Forces (KDF) have triggered several divorce cases following petitions filed in court.

However, Nanyuki High Court judge Mary Kasango, while separately allowing three divorce petitions by serving soldiers, noted the aggrieved husbands and wives failed to prove issues of infidelity but were only able to ascertain claims of cruelty.

In one case, two lovebirds were allowed to dissolve their eight-year-old marriage after the woman accused the man of adultery and that he has been cruel to her.  

The couple, whose identity was hidden but named Mr CAK and Ms ENN to protect their privacy, serve as soldiers of the Kenyan Army and has one child aged seven years, having married on April 16, 2010 under the Marriage Act.

The woman sought divorce in January 2016, stating in her evidence that she was informed of her husband’s adulterous affair by her sister. 

She was informed that the soldier had another woman, the court heard.

CRUELTY

On the second ground of cruelty, she stated that the man assaulted her in the year 2010 and occasioned her with actual bodily harm. 

She told the court that the man has lost respect for her, which has caused her to suffer mental cruelty, stress and general ill health. 

“She stated in evidence that the cruelty began before the birth of their child. Thereafter Mr CAK, when he was transferred from Nanyuki area failed to visit Ms ENN and their child and that indeed he played no role in the upbringing of that child who now attends Standard Two class,” said Lady Justice Kasango.

The woman narrated to court how she attended the burial of her husband’s brother in 2014 at the family home where she discovered that the estranged husband had married another woman.

She petitioned the court to allow the divorce since she had realised the man had already abandoned her and moved on with life. 

The man failed to file response to the claims while court granted the woman custody of the child.

“ENN did not establish the ground of adultery against CAK on the required standard. However ENN proved that the marriage had irretrievably broken down on the ground of cruelty,” said Justice Kasango.

AFTER TEN YEARS

In the second case, the judge granted divorce to other two soldiers who had a matrimonial relationship of 10 years after getting married through a Civil Marriage.

Both are soldiers serving in the Kenya Defence Forces (KDF) and have one child aged nine years.

In the case, the judge named them Mr CWM and Ms EWM, to accord them dignity and respect to privacy.

“Mr CWM petitioned for dissolution of their marriage on the ground that the marriage had irretrievably broken down,” the judge reported.

The man testified in support of his petition and stated that he and his wife had not lived together since 2011 following numerous domestic disputes.

He stated that he was seeking dissolution of the marriage because it became difficult to live with Ms EWM. He gave an instance when he was telephoned, while serving in the army in Loiboi and informed by the wife of his Wedding Best Man that Ms EWM was having an affair with that best man. 

On receiving that information, Mr CWM sought and obtained time off from duty and travelled to Nanyuki but did not find his wife at the army barracks. 

LOANS

He further said the wife was not trustworthy because she would apply for financial loans which would be guaranteed by people who knew him.

The wife would caution the guarantors not to inform the husband, the court heard.

While allowing dissolution of the marriage, the judge said the two lovers had nothing in common and were not communicating.

The man was granted custody of the child since he had been living with the child after their separation. The estranged wife was only granted visiting rights with an agreement of the husband.

In a separate case, another army officer divorced his wife of 20 years on similar grounds of adultery, cruelty and for deserting her matrimonial home.

The man, name withheld, but christened Mr CNM, in his evidence stated that his wife who is a mother of three and called Ms ZJN often deserted the matrimonial home.

He stated that he married the woman in 1997 at the Attorney General’s Office and that the woman already had one child and they were blessed with the other two later, the youngest been born in 2004.

He said during the subsistence of their marriage the woman was away from their home for 60 per cent of that period. 

DESERTION

The army officer testified that desertion began in 1998, intermittently and that each time the wife deserted without any valid reason. 

He narrated how, while he was on military duties abroad he often telephoned their home and it was his sons who would pick calls and tell him that the wife was not at home. 

He further complained that the most recent time the wife left their home and took away household goods and sold them.

During hearing of the case, the wife admitted that the KDF man while working abroad would send Sh40,000 monthly to enable her to provide for the children’s needs. 

She also admitted that the husband used to send her an extra Sh10,000 for her personal use.

According to the man, what he found unacceptable was the extravagance of the wife, as he narrated how he used to give the wife capital to start business but those businesses always failed.

“There is no bad blood with her. We do not fight we do not share a joke. Our marriage is not going to work,” he told the court.

He also testified that the wife had obtained loans from banks without his knowledge, which she had failed to service and one such loan was guaranteed by a junior Army officer in the Laikipia barracks.

He stated that he had to repay the bank loan.

EXTRAVAGANCE

In response, the wife denied the allegations of extravagance, stating there was no much money for her to be extravagant.

She attributed her numerous movements out of her matrimonial home to the husband’s violence saying she had suffered a lot for the period they lived together.

She described the army officer as a violent man who has in the past held a knife and threatened to use a gun against her. 

“It is true our marriage cannot work,” she said in her evidence.

While allowing the divorce, the judge noted that the man narrated how his wife had shown scant interest in the marriage and more importantly how she deserted the children when he was abroad on military duties. 

However, the court directed the man to be supporting the ex-wife with Sh10,000 monthly for her personal use while he was granted custody of the last born child aged 14 while the other two were said to be adults.