I be­lieve in mar­riage but got the wrong per­son - nurse

Observer on Saturday - - News - By Sandile Nkam­bule

“I be­lieve in mar­riage but the only prob­lem is that I got the wrong per­son as a hus­band,” these were the words of a Mba­bane based nurse who was plead­ing with the court for a fi­nal de­cree of di­vorce with his hus­band.

Zanele Tshuma (nee Mathe) of Zim­babwe was yes­ter­day granted her wish by the High Court as Judge Max­ine Lang­wenya granted her an or­der for a fi­nal de­cree of di­vorce with Lameck­Tshuma also of Zim­babwe.

While the plain­tiff (Mathe) is a nurse at the Clinic, the de­fen­dant (Lameck) is an Oc­cu­pa­tional ther­a­pist at UsuthuS­chool.

Mathe had filed an ur­gent ap­pli­ca­tion at the High Court where she was seek­ing amongst oth­ers an or­der that her hus­band re­stores con­ju­gal rights fail­ing which the fi­nal de­cree of di­vorce be is­sued.

Af­ter hav­ing heard ev­i­dence by Mathe who was led by her lawyer Si­bonelo Dlamini, Judge Lang­wenya also granted her an or­der that the cus­tody of their two mi­nor chil­dren will she shared.

Fur­ther Judge Lang­wenya also or­dered that each party is to keep it prop­erty which is in its pos­ses­sion and that the Births Mar­riages and Deaths (BMDs) depart­ment is or­dered to can­cel the­mar­riage cer­tifi­cate for the cou­ple. No or­der as to costs was granted by the court.

Giv­ing ev­i­dence while led by her lawyer, Mathe told the court that ever since she was mar­ried with the de­fen­dant (for­mer hus­band) she has not had the com­fort of hav­ing a hus­band and stated that in­stead of ben­e­fit from the mar­riage, some women have been ben­e­fit­ing as her for­mer hus­band is hav­ing ex­tra mar­i­tal af­fairs with other women.

Hurt

“I have been hurt, abused ver­bally, shamed and have been ac­tu­ally mar­ried on pa­per as I have not been ben­e­fit­ting from the mar­riage but other women have,” she sub­mit­ted. She told the Court that her hus­band con­struc­tively de­serted her and fur­ther chased her from their mar­i­tal home at Mh­lam­bany­atsi.

In her pa­pers filed be­fore Court, she sub­mit­ted that on Au­gust 2012 at Mba­bane, she and the de­fen­dant solem­nised their mar­riage in terms of civil rights and they es­tab­lished their mat­ri­mo­nial home at Mh­lam­bany­atsi.

Two mi­nor chil­dren were born out of the mar­riage ac­cord­ing to Mathe, how­ever a few years af­ter the mar­riage, the de­fen­dant in­ten­tion­ally and con­struc­tively de­serted her de­spite nu­mer­ous at­tempt to save the mar­riage.

She sub­mit­ted that the de­fen­dant has been ver­bally abus­ing her and fur­ther she is hav­ing un­law­ful ex­tra mar­i­tal re­la­tion­ships with other women and ac­cord­ing to her, one of the women (name de­lib­er­ately with­held) now has a child with the de­fen­dant.

“The de­fen­dant cur­rently re­sides with an­other woman at our mat­ri­mo­nial home at Mh­lam­bany­at­siand he has failed to love to me he has also ne­glected du­ties as a hus­band and has denied me con­ju­gal rights,” she sub­mit­ted.

She fur­ther stated that their prob­lem was dis­cussed at a fam­ily level as her in-laws en­gaged them but in vein as the talks were not fruit­ful. Af­ter the court had is­sued the or­ders as prayed for, Mathe­was vis­i­bly a happy woman as she is pre­pared to start a new life.

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