Court divorces and orders unfaithful wife to compensate husband

A LOCAL court in Lusaka has divorced and ordered an unfaithful woman to compensate her husband.

Senior Court Magistrate Sarah Nyendwa sitting with Magistrate Mubukwanu Matakala at Chawama Local Court granted divorce to Dorothy Tembo, 25, of Chawama compound who sued her husband, Shadreck Phiri, 28, of the same compound for divorce.

The two got married in 2006 and they have two children.

Phiri however said he still loved his wife, Tembo.

But Tembo told the court that she only enjoyed the marriage for two years because Phiri had been beating her.

She explained that on March 14, 2013 the couple was in the same court for reconciliation but that when they got home Phiri beat her for not demanding a divorce.

Tembo added that there was a day Phiri went for work and only returned the following day.

She said her husband beat her after accusing her of causing him not to perform when making love with another woman.

“We went on separation for two months but when I came back I found that he had sold the shop and house. When I asked why, he beat me and said he worked for them. Phiri continued to accuse me of making him inactive when with other women and on December 18, 2014, he chased me from the matrimonial home,” said Tembo.

In cross-examination, Tembo said Phiri always accused her of making him inactive whenever he wanted to sleep with a prostitute.

Asked by the court if she had power to make Phiri sexually inactive to other women, Tembo denied it and said it was her first time to hear about it.

In his defence, Phiri said his marriage started experiencing problems in 2008 because Tembo started becoming uncooperative in the house.

He explained that Tembo started sleeping alone and that after the court reconciled them in 2013 she never changed.

He added that since December 18, 2014 when Tembo left home, he has been keeping the children alone.

Phiri said his wife always communicated by mobile phone with a man named Tembo but saved as Sharon, adding that when he wanted to get the phone number she deleted the number.

“Tembo left the matrimonial home because she feared when I told her that I am going for a print out of the communications she had with the man she saved as Sharon. The other time I got shocked when Tembo came from George compound with her pubic hair shaved and she told me that she shaved on her own in the bathroom,” said Phiri.

Asked by the court if Tembo made him sexually inactive to other women, Phiri said he used to lie so that she could make love to him.

Passing judgment, Magistrate Nyendwa said that Tembo was unfaithful to Phiri because she was communicating with her boyfriend and did not challenge the evidence.

Magistrate Nyendwa also said Tembo did not follow tradition on shaving of spouses.

She said the court reconciled them in 2013 but they have failed in their marriage.

She granted the couple divorce and ordered Tembo to compensate Phiri K3000 in monthly instalments of K150.

Magistrate Nyendwa ruled that Phiri will only be paying child maintenance fee of K250 per month to the last born child which the court granted Tembo the custody.

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