The High Court in Kampala yesterday granted divorce to Brian Mochorwa, an accountant with Radio One, who among other things claimed that his wife had locked him out of the bedroom after a domestic dispute.
Justice Celia Nagawa of the Family Division of the High Court ruled the act of locking a partner out of a bedroom constitutes “cruelty” just like physical violence, which is a ground for divorce.
The case
Brian Mochorwa and Fortunate Komugisha were lawfully married on 28th December, 2012 at Our Lady of Africa, Church in Mbuya, Kampala. During the subsistence of their marriage, they cohabited in Naalya and Luzira in Kampala.
The couple had two children but one unfortunately died. The couple did not acquire any immovable property together. Mochorwa contends that the marriage was marred with misunderstandings which at a later stage developed into domestic violence and that Komugisha deserted the matrimonial home without reasonable excuse to live with other men.
In February 2023, Mochorwa therefore petitioned the court seeking to have their marriage dissolved and their child out in his custody. He claimed his wife had not only deserted the marital home on some occassions but had also been cruel to him.
From the court proceedings, their marriage appears to have gotten off on a wrong foot.
On their wedding day, Mochorwa said Komugisha abused and insulted him in church in the presence of the presiding priest. On their honeymoon, the Komugisha fumed, abused him and became violent.
One day after the birth of their first child, Mochorwa said Komugisha told him to buy a baby carrier and cautioned him not to return home if he failed to get it. When he failed to get the carrier, Komugisha slapped him.
In her ruling, Justice Nagawa said cruelty comprises the conduct that must be more serious than “ordinary wear and tear of married life.” Cruelty can be established by physical violence, consistent conduct causing mental agony and torture.
In this case, Mochorwa alleged that Komugisha locked him out of their bedroom, forcing him to sleep elsewhere. He reported threats of violence to the police, which was corroborated by witnesses. According to court, Mochorwa proved this ground and was also granted custody of their child until he turns 18 years.
“Having proved the ground of cruelty, I hereby dissolve the marriage between the petitioner and the respondent that was celebrated on 28th December, 2012 at Our Lady of Africa, church Mbuya and as prayed by the petitioner. I grant him the primary custody of his son with visitation rights once a month over the weekend to the respondent,” Nagawa ruled on August 29, 2024.
