Domestic violence and property wrangles; leading causes of divorce

MOSES GAHIGI explores why some married couples part ways Many people are getting married but at the same time, there appears to be an increase in the rate at which others are filing for divorce. During a recent visit to the lower Instance and subsidiary courts where divorce cases are handled, it was discovered that these cases are on the rise and different stakeholders are trying to find out the cause of this disturbing trend. Claudine Nyiramikenke, the president of Kacyiru civil court in Remera called it a scourge that has hit the society. “Divorce cases have tremendously increased; it’s like a scourge that has hit our society. 80 percent of the cases we register now days are on divorce,” she lamented. According to her, the overriding cause of divorce is domestic violence, with women and children being victims of beatings and other mistreatment from their husbands and fathers. Another factor she pointed out that has fuelled divorce is adultery by some married couples, which has led to the party that cannot tolerate to go its separate ways. “All this has put our society in a queer position,” added the president of Kacyiru civil court. Information indicates that over 100 divorce cases in Kacyiru civil court have reportedly been finalised for court hearing, and many others have been registered in a period of 11 months. According to information collected from other people mostly those in several other positions where some of the divorce cases are handled, like court clerks, court presidents, and Sector Executive Secretaries, the escalating divorce cases have been widely attributed to conflicts arising from property ownership wrangles between married couples, adultery, irresponsibility and domestic violence. The Minister in Charge of Gender and Social Affairs, Jean d’Arc Mujawamariya, says that the rising phenomenon of domestic violence in the Rwandan society, where women are victims, is the major cause of divorce. “Women seek for the divorce path as an escape route from the mistreatments and oppressions from their husbands, who in most cases traumatise and make them live under fear. So they decide to flee from the marriage,” said Mujawamariya during a phone interview. Recently, the National Police of Rwanda released a report indicating 2515 Gender Based Violence related cases to have been registered by September 2008. Among these, 481 cases were of women whose husbands inflicted physical injuries, 75 were killed in cold blood by their husbands and 1652 were cases of children being victims of gender based violence. According to Henry Pierre Munyangabe, the chief clerk of Nyarugenge subsidiary court, which handles civil case appeals, the cases they have registered so far accrue from domestic instabilities, involving beatings and insults from husbands, and adultery. Alex Kayihura, the Executive Secretary of Kimihurura Sector pointed out that according to his analysis, the law that enforces equal ownership of property for married people, even if one did not come with anything is resented by many, and that most divorces stem from this point. The sector level courts, which mediate cases of cohabiting couples, are also having people seeking intervention, counselling or punishment of their spouses, who have made ‘marriage’ a living hell. “In a month, over 70 cases of couples seeking arbitration and intervention into their marriage, come to us; some of them due to home neglect by the husband. Since there is no law regulating couples that did not get married through the law, we can’t do much” said Kayihura. He appealed for the institution of a law against men who impregnate and later abandon women, citing many cases of men who have even denied having fathered the children. And since there is no law to punish them, they spoil young girls’ lives and get away with it. Some people have reached the extent of requesting law makers to adjust the legal procedures followed in getting a divorce. This is to ensure that the process is expedited and ensured safety of endangered people in some marriages that have gone ugly with domestic violence. Rwanda recently joined the rest of the world in what was termed ‘16 Days of Activism against Gender Based Violence’. This highlighted the plight of those who suffer from such violence and many stakeholders and Rwandans pledged to root out this evil. This might mark a decline in the after effects of such violence, divorce included. Ends