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Matrimonial Gymnastics
kenmac
#21 Posted : Thursday, April 11, 2013 10:57:03 AM
Rank: Elder


Joined: 5/26/2009
Posts: 1,793
I would focus on gathering more evidence. Hire two guys and have them follow her discretely for a month. They should take photos, peek through keyholes, record voice and more. There are some businesses doing that already in kenya. Google.
......Ecclesiastes
washiku
#22 Posted : Thursday, April 11, 2013 11:00:42 AM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
maka wrote:
A good lawyer and a level headed judge...divorce pap...i know a lady seeking for divorce coz her hubby isnt up to the horizontal mambo this is much harder to prove.


If its a case of complete non-functionality, a doctor's report is all is needed, and that by the way is a good ground for divorce.
Kaka M
#23 Posted : Thursday, April 11, 2013 11:04:12 AM
Rank: Member


Joined: 4/18/2011
Posts: 459
segemia wrote:
Some questions.

Firstly, If a husband steals a wife's phone and scrolls through the inbox and finds some flirting messages from men would this be a ground for the husband to seek a divorce according to Kenyan divorce laws?

Secondly, if a husband finds a message which probably gives a clue that a relationship existed between the wife and a man again would this be a ground for divorce for the husband?

Thirdly, would the two scenarios above constitute adultery in as far as the divorce laws are concerned?



I hope such wife is not a lawyer because now that there is already a confession of stealing then stolen evidence(Evidence acquired illegally) is not admissible in a court.
Infact she can just sue u for stealing and have you serve not more than 6 months in Industrial Area, then when you return you can go to court for that divorce u were talking about.


Anyway, like they say in some part of kenya, even if you touch sh**t with one finger u still have to wash the whole hand if not both, get enough evidence if you trully plan to file for a divorce.
This being Africa you still have to convince wazees why those mbuzis that were paid have to be returned and most of them don't know how to read sms' and even if they know the writing are to small for their vision.
Further be ready to answer the Question why is your wife seeking some outside of her matrimonial bed? In other-words they will be telling you you are failing in your duties.
Anyway, I can imagine the emotions involved but you are not supposed to make a decision when emotional as you may regret it.
If it's so bad separate for a while to cool off then both of you will know what you are missing, this has it's disadvantages so take some time and think real hard and in a sober manner before making any move.
Annti_Christy
#24 Posted : Thursday, April 11, 2013 11:12:44 AM
Rank: Member


Joined: 8/27/2012
Posts: 320
Segemia magigi post number 7 is quite useful. A good cure. Then carry on with life as if nothing has happened.
Light Bearer
FRM2011
#25 Posted : Thursday, April 11, 2013 11:17:27 AM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
kenmac wrote:
I would focus on gathering more evidence. Hire two guys and have them follow her discretely for a month. They should take photos, peek through keyholes, record voice and more. There are some businesses doing that already in kenya. Google.


Be careful before engaging this group. Majority of them are conmen who cannot deliver anything. We once needed one for an insurance case and had to give up after meeting about 7 so called PIs and they all turned out to be conmen.
kimiri
#26 Posted : Thursday, April 11, 2013 11:25:25 AM
Rank: Member


Joined: 3/12/2008
Posts: 215
segemia wrote:
Some questions.

Firstly, If a husband steals a wife's phone and scrolls through the inbox and finds some flirting messages from men would this be a ground for the husband to seek a divorce according to Kenyan divorce laws?

Secondly, if a husband finds a message which probably gives a clue that a relationship existed between the wife and a man again would this be a ground for divorce for the husband?

Thirdly, would the two scenarios above constitute adultery in as far as the divorce laws are concerned?



This is one of the habits I detest most.
Um Sayala
#27 Posted : Thursday, April 11, 2013 11:36:25 AM
Rank: Veteran


Joined: 12/17/2010
Posts: 1,163
Location: Sudan
Problems in life are many. how we solve them makes the difference.

Marriage is not a simple institution. It has Issues but sitting her down and letting her know the sms hurt you may be one step to solving the problem.

Divorce might not be the solution, coz u never know whether your 2nd, 3rd or even 4th ones will not cheat.

Attending a counseling session together might help your relationship. Do you have 'Family life department' in your place of worship. Make use of it.
"Peace is our profession, War is our business" ...Unknown
washiku
#28 Posted : Thursday, April 11, 2013 11:36:51 AM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
Some info on the issue

Quote:
The petitioner must illustrate or prove to the court why he or she wants the court to grant the divorce. The party must prove that their case fits within one of the few grounds for divorce as stipulated in the law. For example, the petitioner has to demonstrate to the satisfaction of the court that a matrimonial offence has occurred, and hence the marriage should no longer continue.


Quote:
Section 8 of the Matrimonial Causes Act provides divorce proceedings may be commenced either by the husband or the wife on the ground that the respondent:

(a) has since the celebration of the marriage committed adultery; or

(b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or

(c) has since the celebration of the marriage treated the petitioner with cruelty; or

(d) is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition, and by the wife on the ground that her husband has been guilty of rape, sodomy or bestiality.


Wa_ithaka
#29 Posted : Thursday, April 11, 2013 11:40:30 AM
Rank: Veteran


Joined: 1/7/2010
Posts: 1,279
Location: nbi
Segemia-if you want divorce on those grounds, what about a honey trap?
The Governor of Nyeri - 2017
Impunity
#30 Posted : Thursday, April 11, 2013 11:43:26 AM
Rank: Elder


Joined: 3/2/2009
Posts: 26,328
Location: Masada
washiku wrote:
segemia wrote:
Bigchick wrote:
segemia wrote:
Some questions.

Firstly, If a husband steals a wife's phone and scrolls through the inbox and finds some flirting messages from men would this be a ground for the husband to seek a divorce according to Kenyan divorce laws?

Secondly, if a husband finds a message which probably gives a clue that a relationship existed between the wife and a man again would this be a ground for divorce for the husband?

Thirdly, would the two scenarios above constitute adultery in as far as the divorce laws are concerned?



Wee wacha!

Bad manners kuiba na kuangalia simu ya mama.

Anyhow since you have already done it lets put it this way.

First find out the kind of relationship it is.It could be an innocent giggling affair where he tells her jokes and she laughs no .....giggles throughout,something you do not do.

Do the the messages suggest that they meet?where?If its in church or an open place then akuna shida.

Do the messages suggest he showed her his pine ama alimuonjesha?If so....brother hapo ni shida kidogo.

legalese matters am green so not sure whether that will lead to divorce case.Maybe a Njuri Ncheke can solve.

BTW in your heart what do you want.Aende ama asiende.Ultimately its you not the courts nor Wazua advice.


On the coloured statement nobody would confirm that because the husband has not seen the wife akionyeshwa kijiti and the wife akionyeshana the "storm water drain" and neither does it tell if anyone has alerted the husband on wife dealings with men.


Case dismissed. Each party to pay their costs. The evidence presented in this court has no weight...


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Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

segemia
#31 Posted : Thursday, April 11, 2013 11:45:12 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
washiku wrote:
segemia wrote:
Bigchick wrote:
segemia wrote:
Some questions.

Firstly, If a husband steals a wife's phone and scrolls through the inbox and finds some flirting messages from men would this be a ground for the husband to seek a divorce according to Kenyan divorce laws?

Secondly, if a husband finds a message which probably gives a clue that a relationship existed between the wife and a man again would this be a ground for divorce for the husband?

Thirdly, would the two scenarios above constitute adultery in as far as the divorce laws are concerned?



Wee wacha!

Bad manners kuiba na kuangalia simu ya mama.

Anyhow since you have already done it lets put it this way.

First find out the kind of relationship it is.It could be an innocent giggling affair where he tells her jokes and she laughs no .....giggles throughout,something you do not do.

Do the the messages suggest that they meet?where?If its in church or an open place then akuna shida.

Do the messages suggest he showed her his pine ama alimuonjesha?If so....brother hapo ni shida kidogo.

legalese matters am green so not sure whether that will lead to divorce case.Maybe a Njuri Ncheke can solve.

BTW in your heart what do you want.Aende ama asiende.Ultimately its you not the courts nor Wazua advice.


On the coloured statement nobody would confirm that because the husband has not seen the wife akionyeshwa kijiti and the wife akionyeshana the "storm water drain" and neither does it tell if anyone has alerted the husband on wife dealings with men.


Case dismissed. Each party to pay their costs. The evidence presented in this court has no weight...


Not just yet. Remember the husband may be looking hard for grounds to have the marriage dissolved or does not trust the wife. that is why he is snooping on the wifes phone to get a scrap of information which he can now build on.

The husband has come across some info. Does the available info in the phone help the husband to secure a divorce?
segemia
#32 Posted : Thursday, April 11, 2013 11:48:22 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
maka wrote:
A good lawyer and a level headed judge...divorce pap...i know a lady seeking for divorce coz her hubby isnt up to the horizontal mambo this is much harder to prove.


Might not be that easy. The question is does the flirting messages or smses suggesting that there was an affairs constitute hard enough evidence to grant a divorce? What does the law say?
segemia
#33 Posted : Thursday, April 11, 2013 11:51:38 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
kenmac wrote:
I would focus on gathering more evidence. Hire two guys and have them follow her discretely for a month. They should take photos, peek through keyholes, record voice and more. There are some businesses doing that already in kenya. Google.


May be easier said. But under the circumstances would the law accept the existence of an affairs as material evidence which can be used against the wife?
Kaka M
#34 Posted : Thursday, April 11, 2013 11:52:09 AM
Rank: Member


Joined: 4/18/2011
Posts: 459
If I may ask is the husband seeking a divorce aged between 40 & 50 years?
segemia
#35 Posted : Thursday, April 11, 2013 11:58:42 AM
Rank: Member


Joined: 2/20/2009
Posts: 658
Kaka M wrote:
segemia wrote:
Some questions.

Firstly, If a husband steals a wife's phone and scrolls through the inbox and finds some flirting messages from men would this be a ground for the husband to seek a divorce according to Kenyan divorce laws?

Secondly, if a husband finds a message which probably gives a clue that a relationship existed between the wife and a man again would this be a ground for divorce for the husband?

Thirdly, would the two scenarios above constitute adultery in as far as the divorce laws are concerned?



I hope such wife is not a lawyer because now that there is already a confession of stealing then stolen evidence(Evidence acquired illegally) is not admissible in a court.
Infact she can just sue u for stealing and have you serve not more than 6 months in Industrial Area, then when you return you can go to court for that divorce u were talking about.


Anyway, like they say in some part of kenya, even if you touch sh**t with one finger u still have to wash the whole hand if not both, get enough evidence if you trully plan to file for a divorce.
This being Africa you still have to convince wazees why those mbuzis that were paid have to be returned and most of them don't know how to read sms' and even if they know the writing are to small for their vision.
Further be ready to answer the Question why is your wife seeking some outside of her matrimonial bed? In other-words they will be telling you you are failing in your duties.
Anyway, I can imagine the emotions involved but you are not supposed to make a decision when emotional as you may regret it.
If it's so bad separate for a while to cool off then both of you will know what you are missing, this has it's disadvantages so take some time and think real hard and in a sober manner before making any move.


What enough is enough evidence? Wait for her at home and before she does anything else grab her and remove her nicker and then peep for evidence?Pray Pray Pray Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly
segemia
#36 Posted : Thursday, April 11, 2013 12:00:39 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
Annti_Christy wrote:
Segemia magigi post number 7 is quite useful. A good cure. Then carry on with life as if nothing has happened.


And if the husband does not have any meaning yeye ni faithful?
Impunity
#37 Posted : Thursday, April 11, 2013 12:01:24 PM
Rank: Elder


Joined: 3/2/2009
Posts: 26,328
Location: Masada
Kaka M wrote:
If I may ask is the husband seeking a divorce aged between 40 & 50 years?


Does this matter?
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

segemia
#38 Posted : Thursday, April 11, 2013 12:04:05 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
Um Sayala wrote:
Problems in life are many. how we solve them makes the difference.

Marriage is not a simple institution. It has Issues but sitting her down and letting her know the sms hurt you may be one step to solving the problem.

Divorce might not be the solution, coz u never know whether your 2nd, 3rd or even 4th ones will not cheat.

Attending a counseling session together might help your relationship. Do you have 'Family life department' in your place of worship. Make use of it.


This would apply to the husband who really wanted the marriage to work.

Others might be so pissed off that they would want out. This is the category that we are trying to explore.
maka
#39 Posted : Thursday, April 11, 2013 12:04:52 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
washiku wrote:
maka wrote:
A good lawyer and a level headed judge...divorce pap...i know a lady seeking for divorce coz her hubby isnt up to the horizontal mambo this is much harder to prove.


If its a case of complete non-functionality, a doctor's report is all is needed, and that by the way is a good ground for divorce.

A doctors report aje sasa?you should see how the lady dresses when she comes to see the advo...she most definetly is getting some some somewhere...
possunt quia posse videntur
chemos
#40 Posted : Thursday, April 11, 2013 12:09:15 PM
Rank: Elder


Joined: 11/28/2006
Posts: 1,799
@Segemia..

Please contact the below law firm they will sort u out.



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