Uganda Case Law

Kakar v Kumari (Divorce Cause No. 16 of 1942)

Kakar v Kumari (Divorce Cause No. 16 of 1942) [1955] EACA 362 (1 January 1955)

Court

East African Court of Appeal

Case number

Divorce Cause No. 16 of 1942

Judge

Lucie-Smith, J. (Kenya)

The court determined that the Matrimonial Causes Ordinance, by its definition of marriage, applies only to monogamous unions. Since Hindu marriages are not monogamous, the Ordinance does not extend to them. Furthermore, Article 4(1) of the Kenya Order in Council does not confer jurisdiction to the court to grant restitution of conjugal rights in respect of polygamous Hindu marriages. The court relied on authoritative texts and previous case law to confirm that the relief sought is unavailable under the current legal framework. The petition was therefore dismissed for lack of jurisdiction.

Source excerpt

• Restitution Of Conjugal Rights
• Hindu Marriage
• Jurisdiction
• Polygamous Marriage

Singh v Singh (C.C. No. 13/35.)

Singh v Singh (C.C. No. 13/35.) [1935] EACA 149 (1 January 1935)

Court

East African Court of Appeal

Case number

C.C. No. 13/35.

Judge

Gamble. Ag. J. (Kenya)

The court held that a husband may sue for harbouring his wife under Hindu law, but notice not to continue harbouring is a required element. The suit was sent to trial.

• Harbouring Of Wife
• Hindu Marriage
• Marital Torts
• Notice Requirement
• Family-law
• Tort-law