The couple were married under the Marriage Act (Chapter 5:11) at the Bulawayo Magistrates’ Courts on May 2 last year and sought divorce four days later after the wife discovered that her husband was already customarily married to another woman he had a child with.
This was heard by the Bulawayo High Court judge Justice Maxwell Takuva when Sostina Ncube nee Chikanga (28) of Nketa 9 in Bulawayo, through her lawyer Bruce Masamvu, filed an application for divorce against her husband Melusi (29) of Lakeview Township in Plumtree.
Ncube, who reportedly lives in South Africa, did not challenge the divorce. Takuva granted the application yesterday, indicating that although the increase in the number of divorce cases was worrying, the case in question was exclusive and a clear case of unfaithfulness of the defendant.
He said in normal circumstances, the marriage which the couple undertook forbade polygamy and as a result, the court was left with no option, but to nullify it on the grounds presented by the plaintiff.
In her declaration for divorce, Masamvu submitted that the two were legally married in terms of the Marriage Act Chapter 5:11 at Bulawayo Magistrates’ Courts on May 2 2014 and the marriage still subsisted.
“I aver that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects for restoration of a normal relationship,” Masamvu submitted.
He said this was because Ncube had lied to his bride that he was a bachelor, yet he was customarily married.
“Plaintiff could not stomach the issue of being married to a married man and to be under polygamy,” submitted Masamvu.
“The marriage only lasted five days because of defendant’s behaviour and lies despite having taken oath.
“The defendant and family betrayed me because even the family meetings in preparations for the wedding were held, but no one gave me a hint of his wife until on the eve of the wedding celebration.”
Sostina said Ncube’s parents later warned and advised her that they would not welcome her since their son had another wife, who stayed with them.
“The defendant has supplied me with false information and I believe he is not an honest man,” submitted Masamvu for Sostina.
“He has betrayed my trust, embarrassed me and left me in lots of debts. The plaintiff is so angry with the defendant’s false stories. During subsistence of the marriage the parties acquired nothing.”
Source: Southern Eye