Can the courts compel spouses to remain in marriage when the other party is insisting on divorce?
The aim of the courts is on the preservation of the marriage institution, family unity is important, but what if there is no longer love, affection and respect and one of the spouses no longer wants to be a party to that union.
The position is, the courts cannot force parties to remain in love. In a recent judgment, Muremba ruled that the courts have no power to compel couples to remain in marriage when one party insists on divorce even if the other party feels he or she is still in love. The fact that one is no longer interested in the marriage should be reason enough to end it. Why force a party into a relationship that he or she no longer wishes to be a party to, even if such party is strongly opposed to the divorce?
So as it stands, the court has no legal basis to force a relationship if it is not working and a party personally insists on divorce. Such decision must be respected by the courts. Marriage is not a prison, especially where no love, affection and respect no longer exists. A party to divorce proceedings should not be seen to justify to the courts why they want divorce. Once an application for divorce is filed, it is evidence that one or both parties to the marriage no longer want to be involved and the divorce must be immediately granted.
What implication does this have on the institution of marriage?. Is this law progressive or not?
by Sonia R. Fashi