Wakilii

Kawongolo Kataswa v Claudine Uwineza (Divorce Cause 3 of 2022)

High Court · [2025] UGHC 513 · 2025 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for dissolution of marriage on grounds of desertion and adultery
Decision
Marriage dissolved by decree nisi; custody of three children awarded to petitioner; respondent granted conditional visitation rights

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a decree nisi dissolving the marriage on grounds of desertion and adultery, both admitted by the respondent. The petitioner was awarded custody of the three children. The respondent was granted visitation rights with conditions that she not be staying with another man during visits. No order as to costs was made as this was a family matter. Maintenance orders were declined.

Outcome

Marriage dissolved by decree nisi; custody of three children awarded to petitioner; respondent granted conditional visitation rights

Facts

The petitioner and respondent married on 14 May 2011 at Kingdom Hall of Jehovah's Witnesses in Jinja. During the marriage they had three children: Kataswa Niyonkuru, Kataswa Umurerwa, and Kataswa Sheremiuli. On 3 December 2017, the respondent deserted the petitioner's home and lived independently. She committed acts of adultery and as a result had a child aged one and a half years from another man. In 2022, the petitioner filed for divorce on grounds of desertion and adultery. The respondent was served with the petition on 14 July 2022 but did not file a reply. On 6 June 2025, she was served with a hearing notice and appeared at the hearing, where she admitted to acts of desertion and adultery. She stated she never loved the petitioner but was in the union for lack of accommodation. She stated she sells vegetables and charcoal to survive and is not staying with any man.

Issues

  1. Whether the marriage should be dissolved on grounds of desertion and adultery.
  2. Whether the petitioner should be granted custody of the three children of the marriage.
  3. Whether the respondent should be granted visitation rights.

Orders

  • A decree nisi is granted for dissolution of the marriage.
  • The petitioner shall have custody of the three children.
  • The respondent shall have visiting rights to see the children and during holidays may take them to her place of abode for at most two weeks provided she is not staying with another man.
  • No order as to costs since this is a family matter.
  • Orders of maintenance are declined.

Rules and key headnotes

Divorce — Grounds — Desertion and Adultery — Admission by Respondent
Where a respondent admits to acts of desertion and adultery in open court and there is no evidence of connivance or condonation by the petitioner, the petition for dissolution of marriage is proved and a decree nisi will be granted.
Custody — Best Interests of Children — Award to Petitioner
In divorce proceedings where the respondent has deserted the matrimonial home and committed adultery resulting in a child with another man, custody of the children of the marriage may be awarded to the petitioner who has continued to care for them.
Visitation Rights — Conditions — Moral Welfare of Children
A court may grant visitation rights to a non-custodial parent subject to conditions designed to protect the moral welfare of the children, including a condition that the parent not be cohabiting with another person during visits.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kawongolo Kataswa v Claudine Uwineza (Divorce Cause 3 of 2022) [2025] UGHC 513 (14 July 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.