In a groundbreaking decision, a Nakuru court has declared that the absence of love and feelings in a marriage constitutes sufficient grounds for its dissolution. According to NTV Kenya, Justice Samuel Mohochi presided over a divorce case involving an Indian couple, marking a significant departure from conventional legal standards.

The case involved Mr. NHS and Mrs. TSS, a couple whose marriage of two decades had deteriorated, with both parties admitting to a loss of affection. Justice Mohochi ruled that when love diminishes to the point of nonexistence, neither legal nor religious bonds should compel the continuation of the union.

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

The verdict, a precedent in Kenyan family law, granted Mr. NHS the divorce he sought, citing allegations of abuse and financial irresponsibility against Mrs. TSS. Mr. NHS accused his wife of demanding excessive financial support while contributing little to the family’s wealth. He detailed instances of financial mismanagement, psychological abuse, and public humiliation, claiming to have endured extreme mental anguish.

Mrs. TSS countered by alleging her husband’s infidelity and insufficient financial provision. She argued that her decision to quit her job to care for their child, household, and ailing father-in-law warranted financial support from Mr. NHS. Despite receiving a substantial sum of money from her husband, she contended that it was insufficient given her responsibilities.

The couple’s only child, born in 2006, became central to the custody dispute. Mr. NHS sought sole custody for his daughter, along with the transfer of their house into her name upon reaching adulthood. He also demanded the return of family gold in adherence to Hindu customs.

The court’s ruling reflects evolving societal norms surrounding marriage and divorce, recognizing emotional fulfillment as integral to matrimonial bonds. It underscores the judiciary’s commitment to addressing complex family dynamics and ensuring equitable resolutions.

As legal frameworks continue to adapt to changing social dynamics, this landmark decision sets a significant precedent, emphasizing the importance of emotional well-being in marital relationships.

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