Friday, 18 December 2015

The Facebook picture that dissolved a four-year marriage


A four-year marriage between an Italian doctor and a Kenyan beach operator has collapsed, thanks to popular social networking website Facebook. Photos uploaded by the man on his wall with other women sparked a legal battle with his wife who works overseas, resulting in the court dissolving the marriage on the basis of adultery. The two married in 2011, in Watamu, Mombasa County, and had been living as man and wife although the woman works in Rome, Italy, reports the Standard Digital.
The court heard that Ebo Mahs Kabao took the advantage of his wife’s absence to go on a photo-taking spree. The woman, Luredana Piarulli, also accused him of sticking in the marriage for the sake of the money she was doling out to him. Although Kabao admitted the woman assisted him financially, he asked High Court Judge Said Chitembwe to dissolve the marriage as she did not fulfill his sexual needs.
He claimed Piarulli hurriedly arranged their wedding as she was leaving the country. He later accompanied her to Italy. He testified that when they went to see her family, she asked him to remove his wedding ring so that her mother would not know that they were married. He denied claims that he was adulterous, saying that he always took photos with women during working hours. He told the court that Piarulli promised to pay him Sh1,000 per day for him to quit his job. The man insisted he was not in the marriage for her money. Kabao further claimed he was advised by his friends to post the photos on Facebook for his wife to see, but the judge found this unconvincing.
Justice Chitembwe agreed with the woman’s complaint that the marriage was beyond repair. “He (the man) acknowledges that the petitioner has assisted him financially and he loved her. He complained that his conjugal rights were limited. He is also seeking to have the marriage dissolved,” he said. The judge also noted that the photos produced as evidence were not “normal photographs”. “From the evidence on record, it is clear that the marriage between the parties is no longer working. I have seen the photographs provided by the petitioner and do find that she has every right to complain. Those are not ordinary photographs taken by beach operators and tourists. One can conclude that there is intimacy between the respondent and the lady in the photos,” the judge ruled.
The doctor told the court that she suspected the man had another family, as they did not spend their wedding night together. He disappeared in the evening only to show up later. “It is clear to me that the marriage between the two has worn out. There are no feelings between the two. I do find that the petitioner has proved her case. The respondent is equally seeking a divorce. The court cannot compel the two to live together against their will. The marriage between the petitioner and the respondent is hereby dissolved,” the judge ruled.


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