Kintu v Kintu (Divorce Appeal No 135 of 1997) [2001] UGHC 46 (20 August 2001)

Flynote

Civil Procedure

Case summary

On the validity of a marriage court held that failure to register a marriage does not invalidate it and should not prevent them from enforcing remedies depending on that marriage. On whether an action for divorce is maintainable, or a matrimonial offence to justify divorce court observed that the marriage is customary and a Divorce Act is inapplicable. However, the petition was brought under the Customary Marriage (Registration) Act to which adultery cannot apply due to its portentially polygamous nature. However, the respondent never pleaded adultery as the appellant never married the other woman but an affair. Consequently court held that a ground that was not petitioned cannot be a basis of divorce but the grounds of cruelty and desertion stand. On the matrimonial property court held that the respondent is entitled to the house where she stays because she made a contribution and also to a monthly alimony since she has no income.

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