CAT - SECTION A FAMILY LAW a Section 8(2 of the Marriage Act provides that a polygamous marriage can be converted to a monogamous marriage only if

CAT - SECTION A FAMILY LAW a Section 8(2 of the...

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SECTION A: FAMILY LAW a) Section 8(2) of the Marriage Act provides that a polygamous marriage can be converted to a monogamous marriage only if the husband has only one wife at the time of the conversion. This section varies with section 9 in that section 9(2) prohibits a person in a polygamous marriage from contracting another marriage that will be monogamous. The section 8(2) of the Marriage Act also agrees with section 9(1) of the Marriage Act by insisting that a person in a monogamous marriage cannot contract another monogamous marriage. Therefor once a polygamous or potentially polygamous marriage has been converted into a monogamous marriage the man cannot engage in another monogamous marriage. b) Section 77 of the Marriage Act provides the grounds that courts consider before granting an order of alimony. Grace’s husband may be ordered to provide alimony for Grace under the following circumstances: Where the spouse has refused to provide for the other spouse as required by law. When there are ongoing matrimonial proceedings. Where there has been desertion, alimony may be provided for the period of the desertion. Where the court has made a decree of divorce or separation. Where the court has already made a presumption of death and the spouse is found alive. In addition to this, Article 45(3) of the Constitution of Kenya provides for the equal rights of all parties to a marriage during the marriage, at the time of the marriage and upon the dissolution of the marriage. This provision therefore, requires that a spouse that is well

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