Category Archives: legal opinion

Woman forced to cohabit loses the case

The High Court in Mombasa has dismissed a case by a woman who had accused her family of forcing her to cohabit with a man. Justice John Mativo said Ms Kajal Kishor Bhundia’s grievances can be addressed in a matrimonial case.

In 2020, MS Bhundia went to court accusing her father, Kishor Naran Bhundia, of conspiring with Mr Chiman Mandalia’s family to forcibly take her to Webuye town with the intention to detain her and forcing her to cohabit with his son, Mr Sawan Chimanlal.

In her petition at the High Court in Mombasa, Ms Bhundia also accuses her three brothers of continually frustrating her by conspiring with Mr Chimanlal, Mr Mandalia and her father with the aim of forcing her to move in with Mr Chimalal.

 The judge upheld an objection to the case by Mr Chimanlal and his father Mandalia had argued that the court did not have jurisdiction to hear the suit as it involved a matrimonial dispute or issues which fall under the jurisdiction of the High Court-Family Division. The court handling the matrimonial case will be better suited to determine whether there was a valid marriage. It will weigh the veracity or otherwise of’ the diametrically opposed positions presented by the parties tice Mativo said.
The judge added that issues raised would stand or fall on whether the parties entered into a valid marriage and if Ms Bhundia was subjected to cruelty.