A woman in Nakuru has moved to court seeking to divorce her 70 year-old estranged husband and stop him from benefiting from their daughter’s dowry.
Joyce Chemutai, appearing before Senior Resident Magistrate Yvonne Khatambi, prayed for the court to dissolve her marriage to Joel Lang’at.
The couple claimed to have separated for over 20 years after they got married on January 31, 1992 at the registrar of marriage.
They were blessed with three children but separated two years later after wrangles erupted.
According to the petition, it was till early this year that Lang’at contacted Chemutai demanding to have a share in her daughter’s dowry.
Since their marriage was still legal, Chemutai decided to file divorce and have the marriage dissolved.
In her case, Ms Chemutai told the court that she is neither seeking costs from Langat nor does she seek any maintenance from him.
Chemutai said that the main reason she filed the suit was to stop her husband the chance to share the dowry for daughter since he abandoned them while she was still young.
“The respondent (Langat) deserted the petitioner (Chemutai) without cause or consent. He withdrew from cohabitation with the petitioner and denied her conjugal rights at their matrimonial home in Salgaa, Rongai Sub-County within Nakuru County,” read the petition.
Chemutai also claimed that she was forced to take her three kids and flee to her parents’ home after the torture was unbearable. She stated that she has been catering for her kid’s education and upkeep.
She further insisted she was deprived of comfort and solace by her so called husband after Langat moved on and married another wife while their marriage was still subsisting.
Chemutai believes that their marriage cannot be salvaged because it had broken down and she was convinced reasonably that the solution will be to dissolve the union.
In the response to the petition, Lang’at stated that Chemutai was lying and he was the victim in their separation. We
“I never deserted my wife. In fact, she is the one who deserted me, cut off all communications and denied me the chance to be with my children and care for them,” claimed Lang’at.
Lang’at said that Chemutai became cruel and denied him solace and that the fact that their marriage is irreconcilable was caused her unfaithfulness to him.
Mr Lang’at appealed with the court to grant him more days, in order for him to provide more witnesses to support his claims.
“The respondent has 14 days to provide the witnesses pending the case ruling,” ruled Khatambi.
The case will be mentioned on October 30.