Molly Mudiwe told the court that despite her being labelled
a woman of loose morals by her estranged husband, Tanyaradzwa Mudiwe, he should
continue taking care of her because they are still legally married.
The couple which was married for 15 years has two children.
She said Tanyaradzwa was 20 years her
senior and therefore she deserved to be pampered like a queen. Tanyaradzwa
contested the paying of the spousal maintenance for his estranged spouse.
His main argument was that Molly was in an adulterous
relationship that led to the breaking down of their marriage. The matter was
presided over by Mutare magistrate, Mr Lazarus Murendo.
Tanyaradzwa further told the court that Molly moved out
with their two children after he had caught her red-handed with her lover.
“After I caught her red-handed with her lover, she left
with the children. She was so bemused when I did not confront her over the
issue. She just packed her bags and left,” he said.
Molly, however, would not hear of it as she accused
Tanyaradzwa of being old enough to be her father and manipulating her into
marrying him 15 years ago.
“This man lied to me that his wife was late when we
married. We have a age difference of 20 years as he was 44, while I was 24 when
we married. He hoodwinked me into this marriage and why should he care about
what I am doing with my life,” she said.
When Mr Murendo asked whether she was proud of having an
adulterous affair during the subsistence of her legal marriage, Molly changed
goalposts and demanded for evidence in the form of videos of her and the
alleged lover.
She insisted that Tanyaradzwa, who is a pensioner can
afford to look after her and their children despite having seen his meagre
savings.
The bank statement showed that Tanyaradzwa receives $1 400
a month as pension. The court, however, dismissed Molly’s spousal maintenance
application and granted the two children $690.
Tanyaradzwa had offered $300. “You are still young and need
to look after yourself. A marriage certificate should not be used as a
financial means. You need to learn to work for yourself. You are still a young
person like you mentioned and shun the dependency syndrome that you have
developed. The allegations for adultery are overwhelming against you and this
will not compel the court to grant you the spousal maintenance, rather he will
only be ordered to pay for his children’s upkeep,” ruled Mr Murendo.
He was ordered to fork out $690 monthly for the upkeep of
his two children. Molly was also advised to dissolve the marriage if she wanted
to claim part of their property as she had told the court. Manica Post
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