INTRODUCTION

Marriage is an agreement by which men and women enter into legal relationships with each
other and which creates and imposes Mutual Rights and duties.1 According to Section 9 of law of
the Marriage Act Marriage is a voluntary union between men and women intended to last for
their joint lives.2 It is true that parties to a marriage can end marriage or dissolve through
legislative act or by judicial decree. From the time the marriage ceremony is performed parties
have no power by mutual consent to dissolve the marriage. From that time the public alone by
legislative act or judicial decree can put an end to it. 3 Section 94 of The Law of Marriage Act
gives power for the court to grant declaratory decree. In the case of Nachimson vs Nachimson.4 it
was stated that marriage is unlike other contracts that term laid down by state not by parties
themselves nor can the parties agree to terminate.

When a man and a woman decide to enter into a marriage relationship, they do so on their own
consent. However, they cannot on their own consent dissolve the marriage only the Court has
power to dissolve it by issuing a decree of divorce. The law requires that the Court must be
satisfied that the marriage has broken down beyond repair. A party who wants the marriage to be
dissolved must satisfy the Court that there are good reasons for issuing a decree of divorce.
Example Islamic marriage can be dissolved where after the Marriage Conciliation Board has
issued a certificate that it has failed to reconcile the parties, the Court has no discretion but to
declare that the marriage has broken down beyond repair and must issue a decree of divorce. The
following several circumstances which make the court dissolve marriage and not parties to a
marriage those circumstances are following.

1) Issue of annulment

Annulment is decelerated by the judge that marriage is invalid if marriage is annulled the
marriage never occured.According to section 12(c) and 96 of law of Marriage Act.Annulment
occurs when there is voidable marriage. According section 39 of law Marriage Act effects of
decree of annulment that the parties to a marriage which has been annulled by decree of court
shall be deemed that never marriage exist. Section 98 of law of marriage Act. Parties can not
nullity marriage except the court itself can end marriage through nullification.case of Amida
Shabani vs Alfani (1981)243 stated that decree of annulment is only to voidable marriage then
court grant declaratory decree.

2)Decree of divorce.

Only the court can end marriage through divorce and not party themselves Decree mean legal
end to a marriage or is one way of terminating marriage According to section 12(d) and 110(1)
only court have power to dissolve a marriage through decree of divorce upon by petition of party
to a marriage evidence that marriage has broken down but proof of any such matter shall not
entitle party as right to decree the following are reasons for divorce. cruelty willful neglect,

1
Kaisi Co (1994) women under Presumption of Marriage.
2
Cap 29 R.E 2019
3
Fessenden G Nullity of marriage(1899) Harvard law review association publishers.
4
(1930 CA 2170 )
voluntary separation ,imprisonment of respondent for life and mental illness Section 107(2) of
law Marriage Act.

Case of Halima Athuman vs Maulid Hamis (1992) TLR 179 stated that the way Muslim seek
divorce by Fashk divorce means marriage broken down then MCB to resolve if failed goes to
court.Hence this is shown that not only parties may end marriage through divorce otherwise by
court or decree.

Case of Said Muhamed vs Zena Ally(1985)TLR"stated cruelty is the ill if committed by one
spouse mean marriage has broken down irreparably.

effects of decree divorce by court once decree is granted the marriage is dissolved and each party
is free to remarry.

3)Decree declaring that the death of either party is presumed.

this when a person cannot be heard for five years then rebuttable presumption that person is
dead. Section 12(b) and 161 of law marriage Act. if there is a presumption of the death party it
shall not be allowed to contract another marriage or end previous marriage unless such other
party has obtained decree of dissolution of marriage through court on ground obtain declaratory
decree. Section 94 and 95 of law marriage Act

4)By an extra judiciary divorce outside Tanzania.

this occurs where any person has obtained divorce otherwise then decree of court in Tanzania in
any foreign country the divorce shall be recognized as effective for purpose law in
Tanzania .Section 12(e) and 92(a)(b) of law Marriage Act.

5)Death of either party.

parties cannot end marriage either through public alone but by legislative act because a marriage
according to Christian considered sacramental union and it is holy permanent and insolvable
sacrament the parties are made one fresh as result of God also according to Muslim marriage is
civil contract which can be ended by legislative act incase there is incompatibility. Example
Islamic marriage if husband died widow women not allowed to end the marriage or entered
another marriage without consider Edat this according to law. Section 38(1) edat must consider if
women are widow

CONCLUSION