Wife got married while I was in prison
Wife got married while I was in prison
I was imprisoned for 7 years. After my release, I found my wife had gotten married to another man. I want to know what does the law say on this? What are my rights?
JM, Mtwara
We are so sorry to hear about your story. In Tanzania, marriage and matters related to it are governed by the Law of Marriage Act, Cap. 29 [R.E 2023] (the Act). Generally, this law prohibits a married woman from getting married to another man as per section 15(3) and 152 of the Act. Imprisonment alone cannot automatically end the marriage but it can be a good evidence that the marriage has broken down irreparably under section 107(2)(g) of the Act and, therefore, one can file a petition for divorce.
Section 107(2) lists a number of matters which can be accepted by the Court that the marriage has broken down irreparably. Such matters include imprisonment of the respondent for life or a term of not less than 5 years. Besides, regard should be to both the length of the sentence and the nature of the offence for which it was imposed as evidence. It should however be noted that proof of that imprisonment does not entitle the petitioner as of right to a decree. This implies that the Court will look at all facts and circumstances before it grants divorce decree to the petitioner.
In these circumstances, if a wife contracted another marriage without obtaining divorce decree from the Court citing imprisonment as evidence of irreparable breakdown of marriage, you may have a recourse against your wife. Your lawyer can, upon analysis of all surrounding circumstances, guide your further.

