Women Win Divorce Petition
Mar 10, 2004
THE Constitutional Court yesterday unanimously nullified some provisions of the Divorce Act, saying they were inconsistent with the Constitution since they discriminated on the basis of sex.
By Hillary Nsambu
THE Constitutional Court yesterday unanimously nullified some provisions of the Divorce Act, saying they were inconsistent with the Constitution since they discriminated on the basis of sex.
The court delivered the verdict arising out of a petition by the Uganda Association of Women Lawyers yesterday.
The petitioners were Dorah Byamukama, Jacqueline Asiimwe, Peter Matovu, Joe Oloka Onyango and Phillip Karugaba.
They complained that the Act preserved male supremacy in a marriage, contrary to the Constitution, which recognised equality of men and women in a marriage.
The court nullified section 5 (1) of the Act which permitted a husband to petition for divorce solely on the grounds of adultery but did not give the wife the same opportunity.
Formerly, a woman could only rely on multiple grounds to divorce.
The grounds were desertion, adultery, bigamy, rape, sodomy, bestiality and cruelty.
The judges, led by Justice Galdino Okello, included Stephen Engwau, Alice Mpagi-Bahigeine, Christine Kitumba and Amos Twinomujuni.
Court nullified section 6, which allowed a husband to include the adulterer as co-defendant but denied the wife the right to name the adulteress as co-defendant.
The court also nullified Section 22 which allowed only a husband to collect damages from the adulterer, while denying the wife right to get damages from the woman caught with her husband.
Ends
THE Constitutional Court yesterday unanimously nullified some provisions of the Divorce Act, saying they were inconsistent with the Constitution since they discriminated on the basis of sex.
The court delivered the verdict arising out of a petition by the Uganda Association of Women Lawyers yesterday.
The petitioners were Dorah Byamukama, Jacqueline Asiimwe, Peter Matovu, Joe Oloka Onyango and Phillip Karugaba.
They complained that the Act preserved male supremacy in a marriage, contrary to the Constitution, which recognised equality of men and women in a marriage.
The court nullified section 5 (1) of the Act which permitted a husband to petition for divorce solely on the grounds of adultery but did not give the wife the same opportunity.
Formerly, a woman could only rely on multiple grounds to divorce.
The grounds were desertion, adultery, bigamy, rape, sodomy, bestiality and cruelty.
The judges, led by Justice Galdino Okello, included Stephen Engwau, Alice Mpagi-Bahigeine, Christine Kitumba and Amos Twinomujuni.
Court nullified section 6, which allowed a husband to include the adulterer as co-defendant but denied the wife the right to name the adulteress as co-defendant.
The court also nullified Section 22 which allowed only a husband to collect damages from the adulterer, while denying the wife right to get damages from the woman caught with her husband.
Ends