I believe in marriage but got the wrong person - nurse
“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.
“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.