Wife’s domestic violence
I am a man in my early 40s and employed as an accountant in Singida. I need your advice on a sensitive issue. My wife and I have been married for 10 years. She gets overly drunk every night and hits me. The daily fights have gotten so intense that I have had to flee my house a few times. I have been extremely patient with her but my patience has run out and I now want to divorce her. I am embarrassed to admit to my friends and family that my wife regularly beats me. What should I do?
PM, Singida
We are sorry that you are going through this. Abuse, in any form whatsoever, should not be tolerated. You have very good reasons to seek a divorce from your wife. It is important to note that, in terms of section 107(1) of the Law of Marriage Act, Cap 29 [R.E. 2023], in deciding whether or not a marriage has broken down, the Court shall have regard to relevant evidence regarding the conduct and circumstances of the parties. For example, the Court can refuse to grant a decree where a petition is founded exclusively on the petitioner’s own wrongdoing. In particular, section 107(2) provides for matters that may be accepted by the Court as evidence that a marriage has broken down. These matters include cruelty, whether mental or physical, on the Respondent or on children. However, proof of that matter does not entitle a party as of right to a decree, implying that the Court must be satisfied that the marriage has broken down irreparably. We advise that you urgently speak to a lawyer and seek professional legal advice to commence this process.
