A Kadhi’s court in Isiolo has dismissed a 40-year-old woman’s bid to divorce her 80-year-old husband and settle with a younger and energetic herdsman.
The petitioner identified in court via abbreviation H.H.A accused her husband of neglecting his spousal and fatherly duties.
But her husband abbreviated as I.M.I told the court that H.H.A left their matrimonial home to cohabit with the herdsman and is pregnant with his child.
The court was told that H.H.A and I.M.I have been married for 30 years and have ten children together.
The 80-year-old man said H.H.A walked out of their marriage and made away with his Sh700,000 and 30 goats. H.H.A told the court that she preferred a younger, more energetic, and handsome young man.
In his ruling, Senior Principal Magistrate Abdulhaman Athman dismissed the divorce petition, stating that the courts should not be used to promote immorality.
“The petitioner came to court with unclean hands. She admitted adultery and infidelity…she no longer loves her husband and would wish to live with a younger, energetic and handsome young man and wishes the court to assist her in her endeavor.”
“The petition for divorce fails…the petitioner is the respondent’s legal wife. She is hereby prohibited from cohabiting with another man other than her husband,” Athman ruled.
Given that she is pregnant, the court prohibited her from practicing conjugal rights with her husband until she gives birth.
The court further ruled that I.M.I is not biologically or legally responsible for the unborn child, stating that “the child shall be declared as the mother’s child only.”