Man successfully sues, divorces cheating wife

A man from Kakamega town has successfully sued and divorced his wife of 21 years after he caught her cheating with a secret lover.

The man, only identified using initials of his name SV in court documents, has been in a commuter marriage with his wife who works as a nurse in Siaya County.

In October 2013, the court was told the man called his wife on the phone at a time when she was coincidentally having sex with her secret lover.

But after ending the call, she didn’t disconnect and it continued capturing her moan in the throes of making love.

The man found it odd and recorded whatever was going on and filed for divorce in a case that has dragged in court since then.

While terminating the marriage, Kakamega Principal Magistrate Hazel Wandere last week noted the union has irretrievably broken down.

Ms Wandere insisted that the parties had proved chances of ever reconciling are scanty since they were non-committal.

SV and his wife, only identified as JMO in court papers, got married in 1997 under Luhya Customary Laws.

The marriage was later solemnised in church at Lusengeli Friends Church in Sabatia.

In the court papers, SV, who is a former employee at the Ministry of Culture and Social Services, accused JMO of cruelty, desertion and infidelity and denying him his conjugal rights.

He said the marriage hit a rock when JMO got a job as a nurse making her desert their matrimonial house and began having extramarital affairs.

SV swore that by the time he married JMO, she had only attained secondary education and he enrolled her for a Certificate and later a Diploma courses in Nursing.

Upon completion of her studies, JMO secured an employment with the Ministry of Health and was posted to Jera Dispensary and settled in Siaya.

However, to SV’s concern, the wife became withdrawn from the marriage and never visited their matrimonial home as often.

After years of court battles, JMO finally admitted the marriage is irretrievably broken down.

She said her husband had become quarrelsome and had ejected her from the house forcing her to return to her rural Siaya home.

The magistrate noted; “In my considered view, the respondent’s actions of flirting with another man and deserting her matrimonial home amounts to mental cruelty, which is necessary for the dissolution of marriage.”

The man who has been the custodian of the children aged 20 and 17 was allowed to continue living with them.

“The marriage is hereby dissolved. The status quo prevailing on custody of the youngest minor be maintained as he is also about to attain the age of maturity,” she said in her final orders.