Woman divorces husband for secretly marrying her friend as second wife.

Audio By Vocalize

HRS could no longer stay in her marriage after she discovered that her husband of 16 years had secretly married her best friend as a second wife.

HRS admitted that AFNA is entitled to marry another wife but despite trying to persevere in the polygamous union, she is suffering from depression since the second wife was a close friend and she regarded her as a sister

HRS told the Chief Kadhi Hussein Atman that she no longer has feelings nor love for AFNA.

She said she withdrew a first divorce suit after an oral agreement that AFNA will not marry another wife, having been divorced by the second wife before he settled for her best friend.

HRS said that she can no longer stay in the marriage and has only been persevering for the sake of their three children.

She claimed that AFNA has been disrespectful to her, unfaithful and has extra-marital affairs that have caused her emotional and psychological pain.

HRS said there is a communication breakdown between them, she has lost trust and love for him and the marriage is irretrievably breaking down.

She asked for child maintenance and edda (time to stay at their matrimonial home before she can be remarried).

In his defense, AFNA said he loves HRS and is not ready to divorce her.

He denied all the claims and said that HRS moved out of the matrimonial home after she found out that he had married a second wife. 

AFNA accused HRS of being jealous after he married another wife and mala fides (bad faith).

AFNA said that she is prevented under Islamic law from conditioning him from entering a lawful marriage. 

He insisted the marriage has not irretrievably broken down and that they are faced with normal marital challenges that do not warrant divorce.

AFNA denied the claims of infidelity, disrespect, mistreatment and lack of maintenance.

He said that HRS denying him conjugal rights, he has continued to respect and support her while she has been living at his mother’s house in Mombasa. 

However, Chief Khadi Athman said that HRS was entitled to the divorce because AFNA broke the agreement not to marry another wife.

“We find and hold that the respondent (AFNA) agreed not to marry another wife and that in the circumstances of this case, she is entitled to dissolution of marriage due to respondent’s lack of satisfaction of the condition. We accordingly, grant her prayer for dissolution of their marriage,” said Athman. 

Further the Chief Khadi granted HRS actual physical custody and maintenance of the children while AFNA will provide reasonable maintenance according to his means until courts determines his means and ability.