News / National
Man in court for leaving wife and two kids R2 daily for food
20 Aug 2012 at 04:59hrs | Views
A Chitungwiza woman dragged her husband of three years to court for maintenance after he had been giving her R2 daily for food for herself and their two minor children.
Getrude Frank told the Chitungwiza Civil Court that her husband Alfandika Nyanoka, a guard, left her R2 to take care of their two minor children whenever he went to work.
"Your Worship my husband always ill-treats me by leaving behind R2 so that l can buy food for our children. He earns US$317, but is neglecting us," she said.
In response, Nyanoka urged the court to dismiss the application arguing that he was still living with his wife and family.
"I did not divorce her so why should she claim maintenance?" said Nyanoka.
But Presiding magistrate Ms Blessing Murwisi would not hear of it.
"Maintenance against a married couple is legal, this is a clear indication that you failed to take good care of your family. How do you think your wife and two minors would survive on R2?" asked Ms Murwisi.
Nyanoka argued that he could not afford the US$150 his wife was claiming.
"Your Worship, I cannot afford such an amount. It is too much for me considering that I earn US$317". Nyanoka said he could afford US$100 only.
However, Ms Murwisi ruled in favour of Frank and ordered Nyanoka to pay US$212.
"The respondent is, therefore, ordered to pay US$106 for the upkeep of his two minor children and another US$106 for his wife starting the end of August," she said.
This did not go down well with Nyanoka who then asked the magistrate to make a downward variation but was advised to appeal at the High Court.
Getrude Frank told the Chitungwiza Civil Court that her husband Alfandika Nyanoka, a guard, left her R2 to take care of their two minor children whenever he went to work.
"Your Worship my husband always ill-treats me by leaving behind R2 so that l can buy food for our children. He earns US$317, but is neglecting us," she said.
In response, Nyanoka urged the court to dismiss the application arguing that he was still living with his wife and family.
"I did not divorce her so why should she claim maintenance?" said Nyanoka.
But Presiding magistrate Ms Blessing Murwisi would not hear of it.
"Maintenance against a married couple is legal, this is a clear indication that you failed to take good care of your family. How do you think your wife and two minors would survive on R2?" asked Ms Murwisi.
Nyanoka argued that he could not afford the US$150 his wife was claiming.
"Your Worship, I cannot afford such an amount. It is too much for me considering that I earn US$317". Nyanoka said he could afford US$100 only.
However, Ms Murwisi ruled in favour of Frank and ordered Nyanoka to pay US$212.
"The respondent is, therefore, ordered to pay US$106 for the upkeep of his two minor children and another US$106 for his wife starting the end of August," she said.
This did not go down well with Nyanoka who then asked the magistrate to make a downward variation but was advised to appeal at the High Court.
Source - TH
