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Rank: Member Joined: 2/20/2009 Posts: 658
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Hi members
I am not the Husband in this thread and the woman under scrutiny is not my wife.
However, the scenario presented here is something that is happening all over Kenya and world all the time.
You never know, you may be helping a brother somewhere faced with a similar situation and does not know what to do.
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Rank: Member Joined: 2/20/2009 Posts: 658
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Kaka M wrote:If I may ask is the husband seeking a divorce aged between 40 & 50 years?
This is applying to any married man 20 years and above.
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Rank: Member Joined: 2/20/2009 Posts: 658
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Wa_ithaka wrote:Segemia-if you want divorce on those grounds, what about a honey trap? Hio ni nini sasa?
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Rank: Elder Joined: 12/6/2008 Posts: 3,548
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People are different, for me this would be straight away divorce case, the law does not allow discombobulating/neck-braking such a stupid wife but inategemea what kind of man this husband is, some even peep on their wives being fyekad and wank thinking about/watching it, they are called Cuckold people, some go for parties and exchange wives in groups called swingers and they feel happy about it, what to do in this case depends on how tolerant you are to a wife straying, ground rules should have been set before marriage such that cases like this are easy to solve/avoid, but as in my view, this is a very stupid wife, some loose whore being called wife, get another one, marriage should not be like that, sisi sio wazungu. PS Husbands should be free to use wife phone as they please and vice versa, lakini a man is still a man! A New Kenya
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Rank: Member Joined: 2/20/2009 Posts: 658
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washiku wrote:Some info on the issueQuote: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. @ washiku Thanks for the extracts. Quite revealing. section (a) is the one of utmost importance since it is the one which the messages in the phone are meant to unravel. Is adultery committed only in physical intimacy. The bible says that if a man lusts for a woman and vise versa one has committed adultery already. Lusting is plentiful in those messages. What now?
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Rank: Member Joined: 2/20/2009 Posts: 658
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Much Know wrote:People are different, for me this would be straight away divorce case, the law does not allow discombobulating/neck-braking such a stupid wife but inategemea what kind of man this husband is, some even peep on their wives being fyekad and wank thinking about/watching it, they are called Cuckold people, some go for parties and exchange wives in groups called swingers and they feel happy about it, what to do in this case depends on how tolerant you are to a wife straying, ground rules should have been set before marriage such that cases like this are easy to solve/avoid, but as in my view, this is a very stupid wife, some loose whore being called wife, get another one, marriage should not be like that, sisi sio wazungu. PS Husbands should be free to use wife phone as they please and vice versa, lakini a man is still a man! 
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Rank: Member Joined: 2/25/2010 Posts: 158
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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?
Although adultery is a ground for divorce in kenya, you need to prove it on a balance of probability. So coming across sms in a wife phone is not a prove that there was adultery. A relationship between a man and a woman is not evidence of adultery; for this to reach the threshold of adultery you must prove that a sexual relationship took place. So i think you have no grounds to divorce your wife on mere suspicions! Get a life and work on your marriage. Keeping it all in the family
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Rank: Member Joined: 2/20/2009 Posts: 658
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anika66 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?
Although adultery is a ground for divorce in kenya, you need to prove it on a balance of probability. So coming across sms in a wife phone is not a prove that there was adultery. A relationship between a man and a woman is not evidence of adultery; for this to reach the threshold of adultery you must prove that a sexual relationship took place. So i think you have no grounds to divorce your wife on mere suspicions! Get a life and work on your marriage. Yash Pal..!!! At least Kenyan style, if a relationship existed then lazima kuna mtu alichapana kijiti na mwingine akachapwo kijiti. The husband knows this far too well. This is not the juicy part.  The trouble is, the husband might never catch the wife in action. So the husband is stuck with this unfaithful wife! No wonder that is why many men either chops their wives into pieces with swords or machetes or commit suicide. 
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Rank: Member Joined: 2/20/2009 Posts: 658
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On another note wouldn't the smses be treated like circumstancial evidence?
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Rank: Member Joined: 8/27/2012 Posts: 320
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segemia wrote: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? then if that is the case it is not relevant and no further ideas along those lines. But continue vigilance and surveillance notwithstanding what ecstacy is saying about phone privacy rules. They are rules set by who and to be obeyed by who? Light Bearer
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Rank: Member Joined: 8/7/2012 Posts: 180
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segemia wrote:On another wouldn't the smses be treated like circumstancial evidence? @ segemia; In Kenya , the grounds for divorce huwa ni any of the following Brutality, adultery, desertation & unsound mind AND a very remote one (special case) is if the marriage, like any contract was entered into under conditions that would make the contract NOT BINDING. Eagles don't flock, you have to find them one at a time.
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Or then a simple solution is to block the other man from sending the smses so that the husband do not see them. You need not see smses for there to be adultery. It can happen with or without smses 
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Rank: Elder Joined: 3/2/2009 Posts: 26,328 Location: Masada
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Like Jubilants,lets move on. Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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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?
Get @Magigi to land on her and record the landing. Use it to secure a divorce. Then slit your throat for being a douche. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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Tricky business.... very.
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Rank: Veteran Joined: 12/23/2010 Posts: 1,229
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Getting rid of a spouse is a lot harder than acquiring one
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Rank: Member Joined: 2/20/2009 Posts: 658
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Elder 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?
Get @Magigi to land on her and record the landing. Use it to secure a divorce. Then slit your throat for being a douche. Didn't quite know till today that we have fellows with nothing between their ears.
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Rank: Member Joined: 2/20/2009 Posts: 658
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For Sport wrote:Getting rid of a spouse is a lot harder than acquiring one Very true pal, but sometimes a need arises when one has to get rid of the other. How becomes the challenge.
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Rank: Veteran Joined: 10/25/2007 Posts: 1,574
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For Sport wrote:Getting rid of a spouse is a lot harder than acquiring one Especially a spouse who doesn't want to leave. Court cases might last 30 years: 10yrs high court, 10yrs Court of Appeal, 10yrs Supreme Court. A man should ask himself why the wife is getting banged behind his back. That's his job. He must be limping on the job.  Set out to correct the world's wrongs and you will most certainly wind up adding to them.
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