Lucy Phiri writes

@SunZambian

THE Chelstone Local Court has dismissed a divorce claim by a couple because dowry was not paid and parties were just cohabiting.

Grace Nakazwe, 40, a businesswoman of Meanwood Ndeke sued Thomas Ndazi, 45 of the same area for divorce on allegation that he did not support the children and brought his ex-wife home.

The couple married in 2017 and has three children together but bride price was not paid.

Nakazwe told Presiding Magistrate Mary Namangala that her husband did not support the children and also brought her former wife at home to be living with them.

She said it was November 26 last year when her husband’s ex-wife came to their matrimonial house claiming she came to see her children that lived with the couple.

“She came home and on the very day she went straight to the bedroom and left a charm. I knew it was her who left it because no one entered the room,

“I took the charm to the pastor and he burnt it and told me to be careful. Since then she has been staying with us. At one point I found them seated and they were chatting. I felt jealous and I poured water on my husband,” she said.

She said her husband gave more attention to his former wife and that she could no longer stand the intruder.

In defence Ndazi told the court his wife did not give him respect hence too many misunderstanding in the home.

“I told my wife that I wanted to take my former wife back and I called her from the village. At one point we sat with her and my children outside chatting and she came and poured hot water on me which was meant for cooking nshima,” he said.

He told court he also wanted divorce because of the disputes they had been having.

On hearing statements from both parties, the court dismissed the claim saying the couple was just living like girlfriend and boyfriend because dowry was not paid.

Magistrate Namangala advised either party to sue from the subordinate court.

COMMENT from Bana chimbusa

This is a straight forward case. I always emphasise that the first marriage is important because the man now has realised that he made a mistake to divorce his first wife.

The treatment that you receive from the first marriage and the second one, is different and will never be the same.

In addition, it is a lesson to all men that do not ever chase your first wife because you will regret in the end like the way the man did.

It is nice that the couple is back together. And as for the second woman he did not pay anything for the marriage.

Like the court stated, they two were just cohabiting. She was not the wife because no dowry was paid. We cannot call it marriage at all unless he paid something. Like the court said they were just girlfriend and boyfriend.

This is a straightforward case and I am happy they have reconciled with the first wife so that they can look after the children.

I am sure that the children from the second wife will come back and the first wife will look after them well.   

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