News / Local
Woman refuses to be divorced
30 May 2015 at 09:45hrs | Views
A BULAWAYO woman yesterday pleaded with a Bulawayo High Court judge not to dissolve her 19-year-old marriage following an application for a divorce decree by her husband.
Sitheni Sibanda (nee Ncube), 49, of Cowdray Park suburb, told Justice Maxwell Takuva that she still loved her husband, Buhle Sibanda, 56, despite him having lost interest in her.
Sitheni, who accused Sibanda of adultery, stunned the court when she insisted on sticking with her husband, saying she would rather keep him despite his wayward behaviour than lose him to another woman.
"Although my husband doesn't love me anymore, I still love him from the bottom of my heart. He is seeing a certain young woman called Mary, but I don't care about that. He is free to visit his small house as and when he feels like and I will continue loving him," said Sitheni.
She described her husband as the "best thing" ever to happen in her life such that she could not afford to let go.
Interestingly, Sitheni signed the consent papers but yesterday made a U-turn, arguing that she was forced into signing the documents by her lawyers from the Zimbabwe Women Lawyers Association.
Her lawyers have since filed a notice of renunciation of urgency and she is now a self-actor in the matter.
Justice Takuva said there was no provision in the law that forced Sibanda to continue in their marriage.
"The courts cannot force someone to stay in a marriage against his or her wishes. In terms of the law this is not provided for. If the other party is no longer interested in a marriage they're free to approach the courts for divorce. The law is very clear, you cannot force someone to continue loving you and even myself as a judge I don't have those powers," said Justice Takuva.
"A divorce is like death. You don't choose that you don't want to die, but it eventually comes even if you hate it because you have no choice".
The couple tied the knot on May 24, 1996 at the Western Commonage Magistrates' Court under Chapter 5:11 of the Marriages Act.
Sibanda, who is the plaintiff in the matter, through his lawyer Kenneth Lubimbi, filed an application for divorce on July 30, 2014 citing irreconcilable differences.
"The marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects for the restoration of a normal marriage," said Sibanda in his summons.
According to the court papers, Sibanda, who is hypertensive, accuses his wife of denying him conjugal rights and refusing to stay with him because of his ailment.
"The defendant has treated me with cruelty and during our marriage I have suffered from chronic diseases such as high blood pressure and arthritis. She has refused to stay with me and has for no good reason refused to take care of me," said Sibanda
During the subsistence of their marriage, the parties acquired a house, household property, goats, chickens and cattle.
Justice Takuva postponed the matter to June 8 and it will be heard in chambers.
Sitheni Sibanda (nee Ncube), 49, of Cowdray Park suburb, told Justice Maxwell Takuva that she still loved her husband, Buhle Sibanda, 56, despite him having lost interest in her.
Sitheni, who accused Sibanda of adultery, stunned the court when she insisted on sticking with her husband, saying she would rather keep him despite his wayward behaviour than lose him to another woman.
"Although my husband doesn't love me anymore, I still love him from the bottom of my heart. He is seeing a certain young woman called Mary, but I don't care about that. He is free to visit his small house as and when he feels like and I will continue loving him," said Sitheni.
She described her husband as the "best thing" ever to happen in her life such that she could not afford to let go.
Interestingly, Sitheni signed the consent papers but yesterday made a U-turn, arguing that she was forced into signing the documents by her lawyers from the Zimbabwe Women Lawyers Association.
Her lawyers have since filed a notice of renunciation of urgency and she is now a self-actor in the matter.
Justice Takuva said there was no provision in the law that forced Sibanda to continue in their marriage.
"A divorce is like death. You don't choose that you don't want to die, but it eventually comes even if you hate it because you have no choice".
The couple tied the knot on May 24, 1996 at the Western Commonage Magistrates' Court under Chapter 5:11 of the Marriages Act.
Sibanda, who is the plaintiff in the matter, through his lawyer Kenneth Lubimbi, filed an application for divorce on July 30, 2014 citing irreconcilable differences.
"The marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects for the restoration of a normal marriage," said Sibanda in his summons.
According to the court papers, Sibanda, who is hypertensive, accuses his wife of denying him conjugal rights and refusing to stay with him because of his ailment.
"The defendant has treated me with cruelty and during our marriage I have suffered from chronic diseases such as high blood pressure and arthritis. She has refused to stay with me and has for no good reason refused to take care of me," said Sibanda
During the subsistence of their marriage, the parties acquired a house, household property, goats, chickens and cattle.
Justice Takuva postponed the matter to June 8 and it will be heard in chambers.
Source - chronicle
