Spaghetti meal and abandonment leaves couple divorced

When music icon Tina Tuner sang about lovers in her song ‘‘what love got to do with it’’ perhaps she had the tale of two Kenyans in her mind who parted ways because of food and being unavailable from the word go.

Tuner in her timeless hit song sings of love being a second-hand emotion and goes on to ask if anyone needs a heart when it can be broken.

The song is relatable to a divorce case in which a couple left their marriage in a freezer because the man believed his wife ought to have cooked while she was of the view he married her for his gain and was absent from the time they married.

Kenyans mostly walk away from marriages owing to cruelty, adultery, abuse, and sometimes irreconcilable differences.

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The case indicates that SNM is a working woman. From his side, MTM told the court that she had left for work without making a morning meal or breakfast for him.

The case between MTM and SNM opens the floor for debate on expectations of men from the modern-day working woman.

The traditional women’s chores were cooking, washing, cleaning, and raising children. However, with technology, and industrialisation, the modern-day woman wears suits and sits in corner offices just like men.

Is she also expected to cook before leaving the house for office?

In his case, MTM stated in court that NSM left him to feed on spaghetti. He said that she asked him to get out of her house, which he did and never returned.

MTM filed his case on October 1, 2018.

The two had a child in 1997, the same year that they married. Nevertheless, they confirmed that they had been apart for almost 30 years.

On the other hand, SNM told the court that she had raised their child alone.

According to her, MTM rushed her through a wedding for his own gain, claiming the man was unavailable from the beginning.

The other ground that MTM relied on was cruelty. He argued that it was cruel to fail to cook for him. At the same time, he alleged that in 2000, his wife was disrespectful and abusive. The man also said that he was asked to leave the matrimonial home the same year.

MTM stated that he went to live at his home in Nairage Enkare. According to him, the marriage had hit the rocks as he went to his parents-in-law seeking to resolve the issues between him and the woman but they could not resolve anything.

He said that they separated in 2001.

SNM on the other hand, also filed her papers in support of ending the marriage.

Justice Gikonyo observed that the issues raised by the two could not be swept under the carpet. According to him, SNM and MTM carried strong views about each other.

Justice Gikonyo was of the opinion that there was evidence that the estranged couple’s differences could lead to mental anguish. He said that the court could not wait for either of them to be injured to call off the marriage.

He observed that none of the two wanted to mend fences.

“From these, the marriage only exists in name and paper; a shell devoid of life or impetus of a marriage. Parties have lost all hope of being salvaged. An order of dissolution of marriage ought to be granted,” said Justice Gikonyo.

Although he allowed the dissolution of the marriage, he gave a short-term order known as decree nisi in the legal world - the judge held to the view that some ambers of love could rekindle between the two before he slams the gavel to completely seal their love story.

“I give an allowance of two months before this orders became final, meaning they have until September. The marriage is hereby dissolved. The Marriage Act does not provide for a decree nisi. However, it is prudent that a decree nisi be issued followed by a decree absolute. Optimism is never absurdity. Tomorrow may bring new things.’’