The lockdown and cessation of movement imposed in March last year to curb the spread of coronavirus gave most families a chance to spend time together.
For some couples, it was time to rekindle their passion.
For others though, the extra time unearthed intolerable “annoying behaviours” about their partners; insults, deprivations, selfishness, indifference, belittling of a partner in the presence of children, or deserting the home.
The lockdown and cessation of movement imposed in March last year to curb the spread of coronavirus gave most families a chance to spend time together.
For some couples, it was time to rekindle their passion. For others though, the extra time unearthed intolerable “annoying behaviours” about their partners; insults, deprivations, selfishness, indifference, belittling of a partner in the presence of children, or deserting the home.
Those who felt that they had had enough parked and left. This can be attested to the rising number of divorces being filed in various courts.
At the Milimani Commercial courts alone, about 984 people filed divorce petitions. The numbers were at a low of 63 cases in March and April before picking up to a high of 127 cases in September 2020.
Between June and July, 110 cases were filed and the number increased to 123 in August 2020 before getting to 298 cases between October and December.
This year, more Kenyans sought to annul their marriages. Between January and February, 187 people had already petitioned the court to divorce.
Section 66(2), (5) and (6) provides grounds for divorce or dissolution of a marriage. A marriage is irretrievably broken down if a spouse commits adultery; is cruel to the other partner or any child in the marriage or wilfully neglects the other spouse for at least two years.
A partner can also seek divorce when they have been separated for at least two years or where a spouse has deserted the partner for at least three years. Cruelty and adultery are top among the reasons spouses move to court to seek annulment of a marriage.
Cruelty does not only amount to physical abuse but it can also be mental towards a partner or children.
There is an instance where a judge refused to annul a marriage on grounds of cruelty as the wife accused the husband of failing to pay his debts, a move she said was causing her financial embarrassment, extreme stress, and anxiety.
She also said he had failed in his financial obligation to the family. The judge, however, ruled that this cannot be equated to cruelty.
The rising cases of divorce petitions, however, do not automatically guarantee a partner their wish. Although marriage is a voluntary social contract between two consenting adults, the court also has to ensure that there was no connivance or collusion between the couple, to file the case.
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