THERE was drama at Mutare Magistrates’ Ccourt on Monday
this week after a couple clashed following nullification of the husband’s
second marriage.
Presiding Mutare magistrate Ms Nyasha Kuture had told a
disappointed David Kabanda that his marriage to a woman that he regarded as his
second wife would not be considered by the court after his legally wedded wife
Eustinah Kabanda had produced a marriage certificate in court.
All this came to light after Eustinah had approached the
courts seeking maintenance variation for their three minor children. She wanted
the money to be varied from $450 to $1 450.
The court, however, varied the upkeep to $585. The couple
lives together.
David had told the court he had another wife and two other
children he was taking care of, when at that point Eustinah produced a Chapter
5:11 marriage certificate.
She told the court she did not know of the existence of the
second wife considering they were married under Chapter 5:11.
“Your Worship, I am his only wife and this is the first
time that I am hearing of this so-called second wife, which is actually an
illegal extra-marital affair because of the kind of marriage that we have. He
should not take another wife unless he divorces me according to the law and he
knows it,” she said.
Ms Kuture gave David an earful on the statutes of the
marriage that he has with Eustinah and told him he was liable to prosecution as
he had broken the law by taking another wife.
“What you are telling this court is a very serious offence
and she can sue you because of that second wife that you claim you have. Your
marriage to that woman, whoever she is, is invalid because of the type of
marriage that you and Eustinah have.
“If you no longer love this woman that has brought you to
this court today, you know what to do with this paper. You approach the courts and use the proper
channels then let the law deal with it. You cannot take another wife while this
marriage still exists,” advised Ms Kuture.
David, however, insisted on keeping his second marriage and
claimed that the reason he had taken the second wife was because Eustinah was
giving him hell.
“Your Worship, I took the other wife because I was not
living in peace with this woman, it was headache after headache. Does this also
mean that my two children with my second wife will also not be considered as my
children only because I have a certain marriage with Eustinah? So my children
will just wallow in poverty because the court says that my marriage to their
mother is void?” David asked the magistrate.
Ms Kuture however, told him that it would be considered in
the application that he had two other children but not another wife in terms of
the law. Manica Post
0 comments:
Post a Comment