Beauty deception

/in /by

I recently discovered that my wife had undergone extensive cosmetic surgery before we met, significantly altering her natural appearance. We now have children, and they look nothing like the beauty I believed she possessed. I feel deceived and wonder whether I can take legal action against her for misrepresentation. Can a spouse sue for misrepresentation based on concealed cosmetic surgery, and does Tanzanian law recognise this as a ground for divorce? Please guide me.
LM, Dar es Salaam

We understand your disappointment. Under Tanzanian law, marriage is governed by the Law of Marriage Act, Cap. 29 [R.E. 2019]. The Law of Marriage does not explicitly provide grounds for divorce based on a spouse’s previous cosmetic surgery or dissatisfaction with the physical traits inherited by children. While misrepresentation may be a valid ground for rescinding a contract, its application in marriage annulment is not straightforward. The Law of Marriage Act requires that an individual petitioning for a divorce demonstrates that the marriage has broken down, and the Court shall grant a divorce if it is satisfied that the breakdown is irreparable.

We have not encountered a divorce case rooted in aesthetic cosmetic surgery. This may be because cosmetic surgery is a personal choice and does not alter an individual’s genetic makeup. Consequently, pursuing a divorce based solely on undisclosed cosmetic procedures would be legally precarious. Courts prioritise issues such as misrepresentation regarding an undisclosed inability to consummate a marriage prior to the marriage. Furthermore, since genetics are unpredictable and marital consent is not contingent on physical traits, a petition for divorce is unlikely to succeed in Tanzanian legal practice. The best course of action would be to seek counselling rather than engage in litigation to resolve any misunderstandings between you and your wife. However, you might consider exploring other legal options available under the Law of Marriage Act instead of divorce. Consult your lawyer for further guidance.