Sex-starved woman divorced
Published On April 23, 2016 » 6441 Views» By Hildah Lumba » Court News, Latest News
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From the courts LogoBy THANDIWE MOYO –

A WOMAN of Chunga Township in Lusaka caused laughter in court for saying she is not a ghost or virgin to live without having sex with a man after her husband denied her conjugal rights.
Mercy Mwelwa, 38, said she was not a virgin who could survive without having sex with a man, a situation that prompted her to sue for marriage reconciliation.
Mwelwa said it was unfair for her husband to put a blanket between their bed, an indication that he did not want to be touched by his wife.
She said her husband would always tell her that he was tired whenever she attempted to caress him.
She said her husband usually came home very late and had stopped joking with the family as he usually wore an angry face.
“My husband does not touch me or even play around with our child whenever he comes back home from work, he does not chat or joke with me like most couples do,” she said.
This was a case in which Mwelwa sued Enock Phiri, 40, of Matero Township for reconciliation after the two failed to resolve their marital disputes.
Phiri told the court that he wanted their marriage to be dissolved as he was having an affair with another woman who respected him unlike his wife.
Phiri said his wife cheated on him with her cousin, a situation he said he could never forget.
“Mwelwa committed adultery with her cousin. She went to visit her cousin and when I called her, the cousin told me that he was enjoying her,” he said.
When Phiri confronted his wife over the matter, she initially denied, but only admitted to having an affair with her cousin after the husband threatened to involve family members.
Facts before the court were that the couple married in 2001 and have one child.
Marital problems started in 2010 after Mwelwa had a sexual encounter with her cousin.
Phiri said he had tried to forgive his wife but that he was surprised to find used condoms in her bag in May last year, after resolving her adultery case.
“I found used condoms in her bag and when I confronted her, she started crying. Because of the love I had for her, I continued even though my friends would laugh at me. I tried to forget the past, but I think it’s not easy to forget because every time she goes out I am always thinking she is with other men,” he said.
When magistrate Lewis Mumba asked Mwelwa over the adultery allegations, she admitted having an affair with her cousin, but that she only had sex with him before Phiri paid dowry, adding that the cousin was a distant one.
Mwelwa said she did not consider that as adultery since Phiri was not married to her and that her cousin was her first lover.
On used condoms, she said she had never carried any condoms in her bag and that the statement was based on lies.
But magistrate Mumba said it was evident that there was no love between the couple and decided not to grant them reconciliation.

Nude pictures end marriage

A LUSAKA woman stunned the Matero local court when she narrated how she found pictures of various naked women in her husband’s phone.
This was a case in which Tamara Mwila, 29, of Mandevu Township sued Rony Nkomana, 40, of the same locality for divorce.
Facts before the court were that the two have been married since 2011 but dowry was not paid and the couple has two children.
The couple stayed in harmony for two months only until Nkomana started abusing alcohol and going home late on the pretext that he was working.
Mwila said on one occasion, she took her husband’s phone so that she could call her mother, but was shocked to find nude pictures of his girlfriends.
She went on to discover text and WhatsApp messages sent by her husband asking his girlfriends to send him naked pictures so he could have good dreams.
But Nkomana disputed his wife’s statement and said he would not want to be divorced as he tolerated Mwila even when she squeezed his private parts whenever they had misunderstandings.
When asked by the court if he had girlfriends, Nkomana denied the allegations and that he did not possess naked images in his phone.
In passing judgement, Matero Local court senior magistrate, Lewis Mumba, sitting with Ms Pauline Newa, granted the couple divorce.
“The court has found a number of problems such as lack of communication, commitment and violence, therefore, divorce is granted,” he said.

Adulterous tailor sued

A FULLY-PACKED  Matero local court heard how a woman of Ndeke Village in Lusaka hid under her lover’s bed  half-naked when her husband forced himself in a one room apartment around 05:00 hours during  Easter period this year.
This was a case in which Kapambwe Besa, 48, of Kanyama Township sued Hector Kunda, 28, a tailor of Ndeke Village, for adultery after finding his wife Christine Chibesa and Kunda half-naked in a one room apartment.
The two got married in 1997 and have four children.  Their marriage was a result of damage and Besa paid dowry in full.
Besa said he wanted Kunda to pay him for wrecking their marriage and that the situation would not be the same even if he resolved issues with his wife.
Narrating the ordeal, Besa said he had gone to church at night for prayers during Easter period, but decided to go back home earlier than expected as he was not feeling well.
When Besa went back home around 04:00 hours, he was shocked not to find his wife in bed and that when he enquired from his niece, she told him that Chibesa had gone to see a  tailor.
Besa said he had heard rumours that his wife was having an affair with a  tailor but that he did not want to make decisions based on rumours.
Looking at the time, Besa decided to check for his wife at the tailor‘s shop and when he reached there, the tailor refused to open the door until he called neighbours to push it open.
To his utter shock, Besa found his wife hiding under the tailor’s bed, clad in underwear only and  was so frightened.
The tailor was dressed in a boxer shorts but had no shirt on.
Following the confusion, Besa decided to leave his wife at the tailor’s house and went home to drink alcohol.
In defence, Kunda said he did not sleep with Besa’s wife and that she was found at his home because she had taken chitenge material to him to make dresses for her.
Kunda said the one room apartment was not his house but a shop and that he could not open the door for Besa as he feared that it could be ritual killers.
He said Besa’s wife was not half-naked, maintaining that the reason she came to his shop that late was to take the chitenge material to him.
When magistrate Lewis Mumba questioned Chibesa, she denied the allegation and said Kunda was only her friend.
Chibesa said Besa fabricated the story and that she was not half-naked as she only went to Kunda’s place to chat.
In passing judgment, Mr Mumba, sitting with Ms Pauline Newa, said adultery payment should be granted since Besa found his wife in a compromising situation and that he found her at a man’s house at 05:00 hours.
The magistrate later ordered Kunda to pay Besa K8,000, which should be in monthly instalments K500.

Hubby caught having sex in bush

THE Matero local court has dissolved a marriage after a woman of Mungule in Chibombo District, opted for divorce on grounds that she found her husband having sex in the bush.
Medron Mwesa, 30, sued her husband Willy Habeenzu, 30, of the same location for divorce after the couple failed to resolve their marital disputes.
Mwesa said she was traumatised after finding her husband having sex with her neighbour who was also her friend in the bush around 20:00 hours.
She said one of her friends tipped her that her husband went to the bush on several occasions with her neighbour.
Narrating the ordeal, Mwesa said on January 21, 2016, she followed her husband to the bush after he told her that he was going to the farm and was shocked to find him having sex in the bush, with her neighbour who is a widow.
Mwesa said her husband denied her sex on pretext that he was tired and could not manage to perform.
She said she was surprised to find her husband having sex with another woman, while he could not have it with her.
In defence, Habeenzu admitted having sex with the neighbour and blamed it on alcoholic influence.
Habeenzu said he was still in love with his wife and that he wanted to take care of his family.
When magistrate Pauline Newa asked Mwesa if she could reconcile with her husband, she refused and said she was tired of living with a promiscuous man.
In passing judgement, Ms Newa, sitting with Mr Lewis Mumba annulled the marriage and ordered the couple to share their property.

Abusive husband ‘disconnected’ from wife

A thirty-eight-year-old woman narrated before a Lusaka local court how her husband punched and slapped her for denying him sex when he returned home after being away with a prostitute for a year.
This was heard in the Kanyama local court where Mwamba Mweemba of John Laing Township sued her husband Anthony Ndumbi, 49, for divorce.
Facts before the court were that the two got married in 1992 and have six children and dowry was paid.
Mweemba told senior court magistrate Ackim Phiri, sitting with Daniel Phiri, that Ndumbi was a violent man who forced her to have sex with him and beat her up whenever she refused on the basis of being tired or sick.
Mweemba said Ndumbi used to tell her that he did not feel satisfied when making love to her and that in 2013, he deserted her for a prostitute in Kanyama.
She added that Ndumbi had not been maintaining his children since the two got married, adding that she was the one who fed Ndumbi and her children through her businesses.
Mweemba further said when her husband’s lover left Lusaka the previous month, Ndumbi came back to her and wanted to have sex with her, the request she refused to grant him, and for fear that the prostitute could have infected Ndumbi with HIV/AIDS.
“He came at night demanding sex and when I refused he threatened to kill me. He told me that he will cut me into pieces and put me in a sack.
He beat me up with fists and slaps but I refused and now I need a divorce because I am not interested in this marriage,” she said.
In defence, Ndumbi attributed the marital differences with Mweemba to his wife’s tendency of leaving home for a month without telling him.
Ndumbi complained to the church about Mweemba’s unbecoming behaviour and that sometimes church members used to find him doing laundry alone.
Ndumbi also said that his wife had been denying him sex and that was the reason he left his matrimonial house.
Passing judgement, magistrate Ackim Phiri granted the couple divorce on grounds that Ndumbi had failed to challenge Mweemba about the prostitute and noted that Ndumbi was cruel.
The magistrate also ordered Ndumbi to be maintaining his children with K450 per month besides sharing the property acquired together.

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