News / National
Woman legally married to 2 men seeks divorce
27 Jun 2013 at 05:38hrs | Views
A senior citizen who is legally married to two husbands yesterday brought her first husband to the Harare Civil Court seeking an end to their 50-year-old marriage and get her 50 percent share of their property.
It emerged in court that Enita Chiwara is legally married to two husbands when she made an application for a divorce and sharing of the property against her first husband Davison Mutasa.
Although the marriage is now 50 years old, the couple only stayed together for five years before separating.
Chiwara told the court that she married Mutasa customarily before the two decided to registrar their union under registered customary marriage.
The couple then obtained a residential stand in Western Triangle in 1968 by virtue that they were legally married.
"At the time Mutasa was working for Lever Brothers and I assisted him in building the house because I was into buying and selling," said Chiwara.
"I also played my duty as a housewife to him which made it possible for him to work for the family. We separated in 1970."
In his counter response, Mutasa told the court that Chiwara re-married and wedded while their marriage was subsisting.
"We got married in 1965, not 1963, and we registered the marriage in 1966," he said.
"I then obtained a residential stand the following year, but our marriage was not blessed with a child.
"I then asked her parents to take her so that they could consult and help us have a child.
"She went to her parents' home in 1968, but never returned."
The court heard that Mutasa only saw his wife in 1992 and she told him that she had since re-married.
Mutasa alleged that the couple approached the courts in 1992 to get the marriage annulled, but Chiwara indicated that the two were staying together, leading to the dismissal of the matter.
"I cannot sell my house because I now have a big family," he said.
"She never made any contributions to the building of the house. At this age where can I go and get another residential stand?
"Why did she marry and wed again without divorcing me first?"
In her response, Chiwara insisted that she contributed towards the building of the house.
"I only re-married and wedded in 1998 and for him to say that he sent me home in 1968 and did nothing to resolve our marital problems is unrealistic," she said.
Magistrate Tatenda Manhanzva postponed the matter to July 1 for ruling.
It emerged in court that Enita Chiwara is legally married to two husbands when she made an application for a divorce and sharing of the property against her first husband Davison Mutasa.
Although the marriage is now 50 years old, the couple only stayed together for five years before separating.
Chiwara told the court that she married Mutasa customarily before the two decided to registrar their union under registered customary marriage.
The couple then obtained a residential stand in Western Triangle in 1968 by virtue that they were legally married.
"At the time Mutasa was working for Lever Brothers and I assisted him in building the house because I was into buying and selling," said Chiwara.
"I also played my duty as a housewife to him which made it possible for him to work for the family. We separated in 1970."
In his counter response, Mutasa told the court that Chiwara re-married and wedded while their marriage was subsisting.
"We got married in 1965, not 1963, and we registered the marriage in 1966," he said.
"I then asked her parents to take her so that they could consult and help us have a child.
"She went to her parents' home in 1968, but never returned."
The court heard that Mutasa only saw his wife in 1992 and she told him that she had since re-married.
Mutasa alleged that the couple approached the courts in 1992 to get the marriage annulled, but Chiwara indicated that the two were staying together, leading to the dismissal of the matter.
"I cannot sell my house because I now have a big family," he said.
"She never made any contributions to the building of the house. At this age where can I go and get another residential stand?
"Why did she marry and wed again without divorcing me first?"
In her response, Chiwara insisted that she contributed towards the building of the house.
"I only re-married and wedded in 1998 and for him to say that he sent me home in 1968 and did nothing to resolve our marital problems is unrealistic," she said.
Magistrate Tatenda Manhanzva postponed the matter to July 1 for ruling.
Source - herald
