The high Court in Mbale has dismissed a case filed by a couple 2 years ago after the wife got pregnant.
The judge argued that state law allows any couple to divorce if neither spouse challenges it against a long time family-law judge who says the rights of the unborn child in this type of case trump a woman’s right to divorce.
The couple have been living separately for the past 2 and half years. However, close sources reveal that the two have been seeing each other regularly.
Further complicating things, the wife says her husband is not the child’s father.
The judge argued that the paternity of the child needs to be determined before a divorce is finalized.
Her husband, was convicted in 2018 of beating her. She separated from him after the attack and filed for divorce in 2019. She later became pregnant, and her baby is due in June 2021.
Her husband never contested the divorce, and Court Commissioner approved it in late October 2019.
However, the approved divorce papers didn’t note that she was pregnant.
