The High Court has ruled that men who do not take care of
their children while on separation stand to lose all their property to the
estranged wife.
High Court judge Justice Alphas Chitakunye made the
landmark ruling in a matter pitting Timothy Simba, who was married for 17 years
(1983-2000) to Funganai Simba (nee Jonga).
Timothy moved out of the family home in 2000. According to
Funganai’s lawyer, Tatenda Pfigu of Pfigu Attorneys, Timothy left the
matrimonial home in 2001 and moved in with his mistress while the family almost
lost the house which the couple had acquired jointly.
“Accordingly, it is hereby ordered that a decree of divorce
be and is hereby granted, the defendant (Funganai) is hereby awarded stand
number 271 Mandara Township lot 3A Mandara held under deed of transfer number
7963/87 dated November 12 1987, also known as number 58 Shaneregh Road, Harare
as her sole and exclusive property. The plaintiff (Simba) shall sign all
necessary documents to enable transfer of his 50% share as joint owner to the
defendant within 30 days from the date of request,” the judgment read.
“In making the order that I have come to, I have been
influenced in great measure by the plaintiffs (ex-husband)’s failure to make
full and frank disclosures, the concerted programme that he undertook in asset
stripping the matrimonial estate to his benefit and the impoverishment of the
defendant,” part of the ruling read.
“Since separation, he has not maintained the family as
would have been expected. I am of the view that upon careful consideration of
all the case, this is a case where in terms of 7(1)(a) of the Act, the
plaintiff (ex-husband)’s share must be transferred to the defendant (ex-wife).
The only reasonable and practicable manner of distribution that would leave the
parties in a position they would have had a normal marriage relationship
continued is for the defendant (ex-wife) to be awarded plaintiff’s 50% share,”
Justice Chitakunye ruled.
The ex-wife, according to court papers, took care of the
family and made improvements to the house from which now Simba wants to get a
50% share.
The court ruled that “the defendant’s (ex-wife) claim for
100% share of the matrimonial home was also premised on the fact that after
desertion, the ex-husband never looked back. She remained saddled with heavy
responsibilities of taking care of their two minor children; the property and
the bond repayments”.
Justice Chitakunye ruled that the ex-husband was not
truthful to the court with his earnings and the fact that he neglected the
family in the last years of the marriage. Newsday
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