pressug.com News 24 7
Related Articles
In a dangerous precedent, Justice Alice Komuhangi Khaukha of the Family Division of the High Court declined to grant a divorce in which a city businessman wanted to break away from his wife citing witchcraft and desertion.The judge dismissed a divorce petition filed by George Turyatunga who wanted to dissolve his 38-year-old marriage with his wife Teopista Besiima alias Ninsiima.Through his evidence affidavit, Turyatunga told Court that he officially got married to Besiima at Rwengiri Parish, Kabale Diocese in Rukungiri District and God blessed them with nine children.Along the way in their marriage, they accumulated wealth which included homes in Rukungiri District and another one Kawala Zone in Lubaga Division, Kampala city.He claims that after converting from Catholic religion to Born Again faith, his wife started practicing witchcraft and his efforts to make her return to their former religious ways failed.She further claims that the wife abandoned their marital bedroom and denied him conjugal rights.He further claims that to hide her dangerous behaviour, she damaged the home CCTV cameras which he had installed for purposes of home security and monitoring the housemaids.However, the judge declined to believe Turyatunga’s evidence noting that he had failed to prove that during their marriage, he was getting strange experiences at home including hearing strange sounds and noises in the ceiling of the house and strange things banging at their door which affected him physically and psychologically.The judge also declined to believe his argument that he suffered from strange incurable illnesses and lost his transport business at the hand of his wife’s witchcraft.“In light of the above, it is my finding that the Petitioner has not adduced any evidence to prove his claims of witchcraft against the Respondent. To believe his claim as true would be opening a door for any spouse who no longer wants to live with another to simply and unfairly allege and/or claim witchcraft.”She added that, “It is my considered view that if the Court is to believe an allegation of witchcraft, whoever makes that allegation must make an effort to adduce cogent evidence that would persuade the Court. It is not enough to simply state that someone was involved in witchcraft.”The judge based on the wife’s evidence to dismiss the husband’s claim that it was witchcraft that made him lose his taxi transport business after her unchallenged evidence that the motor vehicles were sold to get money to construct a country home in Rukungiri District.On the ground of desertion, the judge based on the wife’s undisputed evidence where she told Court that it was the husband who abandoned their marital home.She told Court that around 2010, the husband started moving out of the home and met two women, namely, Aisha Nalumansi whom they produced two children they named Ian and Emmy and also another woman called Stella whom he fathered with a child they named Shanita.“During cross-examination, the Respondent emphasized that she knows Aisha Nalumansi very well because she was their worker in their business and when the Petitioner started having an affair with her, he chased the Respondent from the business and retained Aisha and since then he stays with Aisha,” Court documents read.“I found the witness credible and I have no reason to disbelieve his evidence. The above infidelity notwithstanding, the Respondent is still committed to keeping the marriage,” the judge stated.After dismissing the entire petition, the judge ordered that the wife remains in the Kawaala home where she is currently staying uninterrupted and be allowed to access the Rukungiri home any time she wishes.The judge also directed that the husband is at liberty to return to Kawaala home if he so wishes and be the husband he is expected to be noting that if he is unwilling to return home and maintain the peace in the home, he is prohibited from interfering with the peaceful occupation of the wife.The judge directed the husband to always provide transport to his wife to and from Rukungiri and maintain their children while at their village home in Rukungiri.“The children have the liberty to stay at their Kawaala home if they wish during holidays. In order not to create more acrimony between the parties, each party shall bear its own costs,” the judge ordered., https://onobwino.com/top-judge-declines-to-dissolve-38-year-old-marriage-over-witchcraft-desertion/
