Blow for Indian man in child custody case with Kenyan woman
Justice Teresia Mumbua on Friday ended the couple’s 10-year union after finding the marriage was “broken beyond repair”.
What you need to know:
- The High Court in Nakuru granted the parties joint custody of the child and said they will share parental responsibilities equally and have equal access.
An Indian whose marriage to a Kenyan woman was dissolved by a court has been barred from leaving the country with their child, without the woman’s consent.
The High Court in Nakuru granted the parties joint custody of the child and said they will share parental responsibilities equally and have equal access.
Justice Teresia Mumbua on Friday ended the couple’s 10-year union after finding the marriage was “broken beyond repair”.
The judge noted that both parents have equal rights to the child, with none having more authority than the other.
“The respondent, his parents, relatives or agents are hereby prohibited from leaving this country with the child without the consent of the petitioner.”
The judge further directed that the order be served to the immigrations department to ensure compliance.
Woman’s arguments
Divorce papers seen by Nation show that the woman, through her lawyer Njuguna Matiri, moved to court on July 22 2020, accusing her estranged husband of trying to alienate her child from her.
She sought to formally dissolve the marriage and be granted custody of the 10-year-old girl as well as a maintenance fee of Sh200,000.
The woman said she was no longer interested in the marriage and had moved on with her life after getting separated from the husband.
The court heard that the two formalised their marriage in 2012, at the registrar’s office, under the repealed Marriage Act and proceeded to solemnise the marriage under the Hindu marriage and Divorce Act at the CGHU temple in Nakuru.
The union was blessed with one girl child.
However, religious differences set in after the birth of the child, resulting in unending disagreements and leading to separation.
The woman claimed the man tried to force her to convert to Hinduism yet she was a Christian, and that her refusal saw him assault her physically and deny her conjugal rights.
She confessed to adultery, saying the man denied her conjugal rights for three years.
She also told the court the man had already acquired a visa and passport for the child and had plans to relocate.
Man’s arguments
In his response, the man accused the woman of adultery.
He claimed she denied him conjugal rights and moved out of their matrimonial home to live with another man, and also accused her of manipulating the child.
The court cautioned the two against exposing the child to their differences, saying it may add to the trauma resulting from their divorce and separation.
The judge said the child will remain with the father on school days and be with the mother on weekends and other holidays.
None of them is allowed to restrict the child from visiting the other.
Further, the court ordered that the property jointly owned by the couple be registered in both their names and held in trust for the child until she turns 18.
