A Harare woman is divorcing her husband for keeping his customary marriage to another woman a secret.
Precious Muvhuti nee Chikoto claims her hubby Learmore
Muvhuti deceived her into marrying him on October 28th, 2017 without telling
her he was married under customary law.
According to the papers at the High Court, after the
revelation, the two only enjoyed conjugal rights on their honeymoon phase
before Precious packed her bags. She says they have been on a de facto
separation since 2017.
“Precious was deceived into the marriage in that, Learnmore
did not disclose prior that he was customarily married and such marriage was in
subsistence.
“The material non-disclosure goes to the root of the
marriage contract and Precious considers the marriage to have irretrievably
broken down.
“Precious and Learnmore as a result never lived together as
husband and wife and have been on separation since then,” reads Precious’
declaration.
Precious says she is not in a position to claim any spousal
maintenance, issues to do with custody or access calling them non-existent
since the couple did not share a house or acquire any matrimonial property.
“Precious avers that the parties did not acquire any
matrimonial property during the subsistence of the marriage and hence there is
no property to be shared,” she said.
She wants the court to grant her a decree of divorce, be
able to move on and remarry. “The parties have not enjoyed conjugal rights from
a few days later after the marriage and hence a cumulative excess period of
three years.
“Despite counselling, no positive change has been realized
and parties are on a de facto separation,” she said. Learnmore is yet to
respond. H Metro
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