Facts
The appellant and the respondent were husband and wife. They got married in 1982. They appear to have had four years of happy and peaceful marriage. In 1987 the situation changed to the extent that the respondent instituted proceedings in the Shirati Primary Court Civil case No. 130 of 1987 seeking divorce. She claimed to have been frequently beaten and threatened and that she had consulted both the family council and the marriage reconciliation board whose decisions she was not satisfied with. Both lower courts granted divorce under section 107 (3) (c) and 107 (3) (b) of the marriage Act E 1971.
Held: (i)The two incidents that are established by the evidence to have happened cannot be said to have been clear indication that this marriage was irreparably broken. They F were the usual wear and tear of married life. They did not amount to cruelty in terms of sec. 107 (2) (c) of the law marriage Act 1971, nor did they fall without the purview of section 107 (3) (b) of the Law marriage Act 1971.
(ii) on the evidence on record the marriage was not irreparably broken down.
Case Information
Appeal allowed.
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