Judul : Court orders divorced couple to attend parenting classes after 17-year bitter split
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Court orders divorced couple to attend parenting classes after 17-year bitter split
What you need to know:
- Parenting at heart of ruling as court dissolves 17-year marriage.
The High Court in Kabale District has ordered a divorced couple to attend court approved parental training to help them raise their four children, following the dissolution of their seventeen year marriage.
In a judgment delivered by Justice Karoli Lwanga Ssemogerere, the court on Monday ordered both parents, James Byamugisha, an electrician, and Specioza Tushemerirwe, a housewife, to undergo formal parenting education to safeguard the emotional and psychological well-being of their children following the divorce.
“The family is the core of the modern nation-state. Marriage is the most important contract in the family which the state has a legitimate interest to protect,” the judge emphasized.
The decision followed a bitter divorce proceeding in which Justice Ssemogerere dissolved the couple’s marriage citing cruelty and desertion as valid grounds.
The two were wedded in 2007 at Christ the King Church in Kabale Municipality under the Marriage Act and have four children aged 4, 8, 13, and 16, who have been living with their mother since the separation.
In his petition, Byamugisha accused his wife of cruelty and abandoning her responsibilities as a partner, including refusing to contribute financially to the household.
He claimed he was solely responsible for school fees, medical bills, food and housing.
“The petitioner stated the respondent deliberately refused to work. He carried the total burden of school fees, clothing, medical care, food and shelter,” reads part of the judgment.
Byamugisha also accused Tushemerirwe of changing her religion from Catholic to Pentecostal without his knowledge or consent, a move he claimed fractured their marital unity. However, the court dismissed this as an invalid basis for divorce.
“The religious faiths complained of by the petitioner, Catholic and Pentecostal, are both Christian. Second, the respondent has not gone through a form of marriage with another man,” Justice Ssemogerere ruled.
The judge upheld the ground of cruelty noting that both parents and their children had suffered emotional trauma. A report from the Kabale District Senior Probation and Social Welfare Officer confirmed that the children were distressed and feared being labeled as children of divorced parents.
“One of the children stated she had witnessed episodes of both physical and emotional violence between her parents,” the judge noted.
On the issue of desertion, the court found that Mr Byamugisha had moved out of the matrimonial home in Mwanjari Ward and lived in Kitumba for over a year. A letter written by one of the children to their father was presented in court, pleading for his return.
“All I want is you to come back home and stay with us. Can you see all that money going to waste on rent when you have your own house?” the letter read.
The court found that both parties had contributed to the breakdown of the marriage and declared that neither was solely at fault. A decree nisi for dissolution of the marriage was issued, to become absolute after six months.
Regarding custody, Justice Ssemogerere granted joint custody of the four children allowing both parents to participate in key decisions concerning their upbringing and education.
“Each of the parents shall enjoy alternate custody during the holidays and in alternating years, custody during the long school holiday from December to February,” the ruling stated.
In terms of property division, the court ruled that the matrimonial home in Nyakiharo Cell, Mwanjari Ward in Kabale Municipality remains jointly owned. The property is to be sold after the youngest child turns 18, with the proceeds shared 70% to the petitioner and 30% to the respondent.
“Consortium is often understated in the evaluation of non-monetary contributions, yet loss of consortium is at the centre of most matrimonial strife today,” said Justice Ssemogerere.
Tushemerirwe was awarded a monthly alimony of Shs200, 000, subject to annual court review. No order for costs was made in the matter.
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