nameless girl
JF-Expert Member
- Apr 22, 2012
- 4,195
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nami nahitaji hivyo vifungu unavyompa huyu kwani nami sijaelewa kabisa best
Kwenye upande wa ndoa za kikristo ambazo kuachana ni ishu, Court ina power ya kutoa divorce endapo ndoa hiyo ni batili, mfano wakati wa kufunga ndoa, mmoja wa wanandoa alikua na umri mdogo ama wakati wa kufunga ndoa alifunga bila hidhini yake. lakini kama si batili, na iliapwa kanisani kua ni mpaka kufa, basi mahakama ina uwezo wa kufanya separation tu na si kuua ndoa.
Section 96(1) of the Marriage Act; The court shall have power to grant a decree of annulment in respect of any marriage which is voidable under the provisions of section 36 of Marriage Act.
Section 39: Provided that-
(a) where the petition is founded on an allegation that at the time of the marriage the respondent was subject to recurrent attacks of insanity or epilepsy or was suffering from venereal disease in a communicable form or was pregnant by a person other than the petitioner, the court shall not grant a decree unless it is satisfied- (i) that the petition was filed within one year of the date of the marriage; and (ii) that at the time of the marriage the petitioner was ignorant of the fact alleged; and (iii) that marital intercourse has not taken place with the consent of the petitioner since discovery by the petitioner of that fact; (b) where the petition is founded on an allegation that at the time of the marriage the intended wife was below the age of eighteen years and that consent as required by section 17 was not given, the court shall not grant a decree unless it is satisfied that the petition was filed before that party attained the age of eighteen years.
99. Subject to the provisions of sections 77, 100 and 101, any petition for separation or married person may petition the court for a decree of separation (ndoa za wakristo) or divorce (ndoa za kiislam ama za bomani) on the ground that his or her marriage has broken down. but no decree of divorce shall be granted unless the court is satisfied the breakdown is irreparable. (hapa kuna sababu kuu za ndoa kuvunjika, moja wapo ni endapo mume anakua na nyumba ndogo ambapo anakua anatoa huduma na kukaa huko kama mke wake ila ushahidi wa kutosha unahitajika mahakamani)
Umeridhika ladyfurahia? kama bado sema tuendelee kuzama vitabuni ili tujifunze zaidi kwa pamoja.