COURT NEWS

Man forgives wife over conjugal rights

A man has forgiven his wife for denying him conjugal rights after she knelt down before him when the court asked her to ask for forgiveness.

This is in a case in which Shadrick Mwanza, 42, a businessman of old Kanyama compound sued his wife, Maureen Mwanza, 37, a business woman for reconciliation in a Local Court in Lusaka.

The two got married in 1990 and they have five children. Dowry was paid.

Mwanza told Senior Court Magistrate Daniel Phiri sitting at Kanyama Local Court that all was well but when Maureen started business she lost respect for him.

He explained that even his children lost respect for him because when they differ they also support Maureen and that one child even attempted to beat him adding that when he wanted to counsel the children Maureen defended them.

Mwanza said he gave Maureen K1, 200 to look for a house in Chelstone but instead she looked for a house within Matero and that after she shifted she was upset when the child took him there.

Mwanza stated that he left Matero when Maureen told her that they should start their marriage afresh and that every time he goes there she chases him.

Asked by the court if they make love, Mwanza said they haven’t made love for a month because Maureen chases him.

In defence, Maureen said she lived well with Mwanza for two years but every time he was drunk he insulted her in the presence of children.

She complained that when the tenants give Mwanza money for rentals, he doesn’t give her anything and that he doesn’t buy food adding that she survives through her business.

Maureen explained that Mwanza doesn’t pay school fees for children and that it was the reason she refused to stay with him when he came to Matero.

Maureen added that when she went to Mwanza’s mother with her uncle for counsel they were insulted.

Asked by the court what the problems were, Mwanza said it was her engaging in business because before Maureen started work, she never complained about his drinking habit. She even refuses to let him to drive the Noah vehicle she says it is for the children.

In submission, Mwanza said he wanted to reconcile with Maureen and that he paid for the children’s school fees but after she went to Matero they stopped school.

Maureen said that she wanted to be on separation with Mwanza.

But when the court asked Mwanza to kneel before Maureen and ask for forgiveness, Maureen forgave him.

Maureen also asked for forgiveness for denying Mwanza conjugal rights and Mwanza also forgave Maureen.

Magistrate Phiri reconciled the couple and told Mwanza to stop drinking beer and that if he drunk, Maureen should report him to Court.

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Teacher granted divorce without compensation after leaving hubby

A local Court in Lusaka has granted a teacher divorce without compensation after noting that she left her husband instead of going to court or going to her husband’s parents.

Senior Court Magistrate Daniel Phiri sitting at Kanyama Local Court granted divorce without compensation to Concepta Muzhale, 41, a teacher of Garden House compound who sued her husband, Vincent Mwanza, 52, of Makeni for divorce.

The two got married in 2008 and they have two children. Dowry was paid.

Muzhale told the court that problems started in 2009 when Mwanza started chasing her from home.

She explained that after some time her uncle sat with them to resolve the matter but Mwanza refused and told her to go with her uncle.

Muzhale added that when she left the matrimonial home Mwanza said that he would  write a divorce letter but for a month she had been waiting.

Asked by the court the last time they made love, Muzhale said six months ago and that she left the matrimonial home a month ago.

In defence, Mwanza said that when he was arranging to marry Muzhale he was surprised to find that she came home with her property in a canter and that he found she was quarrelsome after staying with her.

He explained that in 2010 when he lost his mother, Muzhale was upset that he did not put wreaths with her on the grave .

Mwanza added that when Muzhale had complications during giving birth she accused him of being the cause because of his prostitutes.

Asked by the court if she was the first wife, Mwanza said that Muzhale is the second wife adding that he divorced the first wife in court.

In submission, Muzhale said that she wanted to divorce Mwanza.

Passing judgment, Magistrate Phiri said there was poor foundation because Muzhale entered marriage without counselors.

He said that instead of Muzhale going to court or to Mwanza’s parents, she decided to stay alone and he wondered what she was doing.

Magistrate Phiri granted the couple divorce without compensation but ordered Mwanza to be paying children maintenance fee of K700 per month. Property acquired together to be shared equally.

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Couple divorce after

separating for a year

A woman has dragged her husband to court in Lusaka to terminate their marriage after separating for a year.

This is in a case in which Betty Manga, 33, of Garden House compound sued her husband Emmanuel Chanda, 38, of Mandevu compound for divorce.

The two got married in 1998 and they have five children. Dowry was paid.

However, Chanda said that he still loved his wife.

Manga told Senior Court Magistrate Ackim Phiri sitting with Magistrate Daniel Phiri at Kanyama Local Court that she lived well for a year before Chanda started spending nights out and that when she asked him about the change in behaviour, he would beat her.

She explained that in 2000 when the problems persisted she went to the village for two years and that when her father brought her back, Chanda’s mother said she was fed up with him because he behaved like his father.

Manga said she sued Chanda for divorce because he left the matrimonial home a year ago and that he just would only go home to insult her.

Manga said she left the matrimonial home when she was six months pregnant after Chanda beat her. In cross-examination, Manga said Chanda lived with his girlfriend.

In defence, Chanda said he did not want to divorce Manga because he stayed with her for 16 years and had children.

Chanda knelt down before Manga to ask for forgiveness when the court asked him but Manga refused saying her husband can’t change.

Passing judgment, Magistrate Ackim Phiri said that the couple has stayed on separation for one year and that Chanda begged Manga to forgive her but she refused. He said that marriage has broken down irretrievably.

He granted the couple divorce ordering Chanda to compensate Manga K6000 with initial payment of K1000 followed by monthly instalments of K300 and to be paying children maintenance fee of K200 per month. Property acquired together to be shared equally.

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Business ventures trigger divorce

A Local Court in Lusaka has observed that most women divorce their husbands after starting business.

Senior Court Magistrate Daniel Phiri sitting with Magistrate Ackim Phiri at Kanyama Local Court said this in a case in which Cecilia Ngulube, 31, a business woman sued her husband, Adams Banda, 37, a security guard for divorce.

However, Banda said he still loved his wife, Ngulube.

Ngulube told the court that they married in the village and that they came to Lusaka in 2008 but problems started when Banda started smoking dagga and drinking beer because he stopped providing for the family.

She explained that she has been doing everything for the family alone since 2011 when she started selling different types of fruits.

Ngulube added that Banda spent nights out, sometimes for five days and his relatives also couldn’t find him and that from November last year he has been saying that he lost his salary.

In cross-examination, Ngulube said she found dagga in Banda’s trousers when she was doing laundry and that his explanation was that it belonged to his friend.

Asked by the court why she did not divorce Banda before she started business, Ngulube said that she persevered.

In defence, Banda said Ngulube is his wife and that they have come from the same bed adding that if they divorce children will suffer.

Asked by the court if they make love, Banda said that they haven’t made love for two months because Ngulube sleeps with clothes on.

In submission, Ngulube said she just wanted to divorce Banda and that she will keep the children since she has been taking care of them alone.

Banda said he still loved Ngulube.

Passing judgment, Magistrate Daniel Phiri said it was strange that women would divorce their husbands after starting their own business.

He said that dagga cannot be the reason to divorce a husband because many people smoke. Magistrate Phiri granted the couple divorce without compensation but Banda is to be paying children maintenance fee of K750 per month.

Property acquired together would be shared equally.

 

Categorized | Court News

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