Dear Harold,
I was forced to resort to sex toys nine months ago after my husband of five
years consistently denied me conjugal rights. We have a son and daughter
who are below five years old, and it depresses me that matters of the bedroom
has torn our young family apart. I am also on the verge of depression as my
husband makes me feel unattractive. He even says he has no problem with me
using vibrators. I have tried talking to him to open up if he may be having an
affair as our matrimonial bed has no life. Is it possible to go to court and
demand my conjugal rights or should I seek a divorce?
Laura, Nairobi
Dear Laura,
The court cannot grant orders to compel a spouse to perform conjugal
responsibilities in the bedroom. It would be better to consider seeking
professional assistance from a qualified marriage counselor. Divorce or
separation are legal options as family law acknowledges denial of sexual
intercourse among spouses as cruelty — a ground to end marriage, according to
precedence set by the English case of Sheldon vs. Sheldon in 1966. In the case,
the court granted a wife orders to divorce her husband for consistently denying
her conjugal rights, which amounted to cruelty.
According to Lord Denning — the judge in the case — the persistent refusal of
sexual intercourse by the husband for long without excuse caused grave injury
to the health of his wife. The judge said that spouses both have rights and
responsibilities that should be fulfilled in matrimony. Local courts can apply
such landmark judgments by courts in Commonwealth countries.
Got a family related legal issue? Ask the lawyer on
hayodo@standardmedia.co.ke
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