Court throws out divorce case over unpaid dowry
Written by Millennium on January 19, 2019
LUCY PHIRI writes
THE Chelstone local court in Lusaka has thrown out the case in which a woman of Mtendere East Township had sued ‘her man’ for divorce for allegedly committing adultery with her younger sister
Senior local court presiding justice Dennis Mpundu dismissed the case on the basis that the two were merely cohabiting since no dowry was paid.
Facts of the case were that Charity Mwale, 32, had sued Kambani Zulu, 37, of Rufunsa for allegedly having sex with her sister and for the differences they were having in their relationship.
Mwale explained to court that she started dating Zulu in 2006 but in the process got pregnant and was chased by her parents to live with Zulu.
Zulu was charged K3, 000 for damage of which he only paid K500.
She further stated that Zulu did not support his child and also ignored her whenever she requested for financial help.
She also the court that she also had proof that Zulu had sex with her sister.
“I would have loved to forgive him but I have changed my mind because of his failure to support me and the child,” she said.
“I have struggled to pay my rentals and as I speak, the landlord has evicted me and already packed my things,” stated Mwale.
She added that, “all I want is to divorce him and see how the court will help us over child support.”
But in defence, Zulu denied ever having sex with Mwale’s sister.
He accused Mwale of having an affair with another man.
He said that he once discovered a strange number on her mobile phone which when he called was answered by a man claiming to be Mwale’s boyfriend.
Zulu further told the court that Mwale had denying him sex ever since they started having differences claiming that she was unwell.
He said Mwale has always threated to desert him ever since he stopped working.
But the court dismissed the case saying the two are husband and wife because they are not legally married.
Mwale was advised to sue Zulu for child maintenance.