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Woman moves to court after forced ‘marriage’

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Woman moves to court after forced ‘marriage’ by Kenyans247(1): Fri 25, December, 2020 09:06am
What you need to know:
She also accuses her family of forcing her to live with Mr Chimanlal.
Ms Bhundia also wants a declaration that her detention was unlawful.

A woman wants the High Court in Mombasa to declare that her father and brothers are violating the law by forcing her to live with a man she does not love.

Ms Kajal Kishor Bhundia told the court that sometime last year, Mr Chiman Mandalia and her father Kishor Naran Bhundia organised a union between her and the man against her will and consent.

Ms Bhundia added that she was forcefully taken to Webuye and detained at Mr Sawan Chimanlal’s (the son of Mr Mandalia) house for six months.

She also accuses her family of forcing her to live with Mr Chimanlal.

She told the court that she was tortured emotionally and psychologically while at Mr Chimanlal’s as she could not go to work or move out of the house.

Ms Bhundia accuses her father of conspiring with Mr Chiman Mandalia’s family to take her to Webuye with the intention of having her detained and cohabit with Mr Chimanlal.


Detention
She also accuses her three brothers of frustrating her by conspiring with Mr Chimanlal, Mr Mandalia and her father to make her live with Mr Chimanlal against her will.

Ms Bhundia says Mr Chimanlal forced her to live with him in Webuye.

She wants the court to declare that the Constitution has been violated and her rights to dignity, freedom, security and residence infringed.

She has urges the High Court to declare that the respondents’ actions are unlawful from the beginning.

Ms Bhundia also wants a declaration that her detention was unlawful.

She wants an order issued to restrain the respondents from monitoring or looking for her.

Ms Bhundia told the court that she had to convince Mr Chimanlal and his father that she needed to travel to Mombasa to see her family.

She added that they ensured she was accompanied by Mr Chimanlal.

The petitioner says when she arrived in the coastal city, she explained her misfortunes to her family, telling them that she did not want to go back to Webuye where she had been for six months.

Ms Bhundia says her father and brothers held discussions with Mr Chimanlal and his father and resolved that she goes back to Bungoma County.

“Because of endless pressure from the respondents, the petitioner was made to travel back to Webuye with the first and second respondents,” the suit papers say.

Ms Bhundia says Mr Chimanlal and his father still locked her in the house and that she could only leave in the company of Mr Chimanlal, who would at all times monitor her movements.

The petitioner says she explained the situation to her family for the second time, telling them that she needed to travel to Mombasa urgently.

She says Mr Chimanlal and his father stopped her from leaving, afraid that Mr Mandalia’s family name would be tarnished.

Second respondent
“The petitioner had to assure the first and the second respondent that she would not talk of what transpired in Webuye,” the suit papers add.

She says Mr Chimanlal and his father followed her to Mombasa on November 25 and held a lengthy meeting involving her and her family at a hotel.


Ms Bhundia says she was shocked to learn that her father and her brothers had colluded with Mr Chimanlal and his father to force her back to Webuye again.

She accuses her father and brothers of stopping her from going to work on November 26 and locking her in a house.

Ms Bhundia says Mr Chimanlal took her from her father’s house in Nyali where she had been locked, to a hotel and that plans were under way to have her travel to Webuye.

“The petitioner went to an undisclosed location for safety. She is afraid the respondents are looking for her with the intention to taking her back to Webuye,” the papers say.

“The petitioner’s rights have been infringed by the respondents,” Ms Bhundia’s lawyer said.

The case will be mentioned on January 27.

pmuyanga@ke.natioonmedia.com

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