News / National
Wives in a polygamous marriage fight over house
10 Jul 2013 at 05:21hrs | Views
A WRANGLE over a house has spilled to court with two women in a polygamous marriage using marital status to claim ownership of the property.
The second wife Nelia Mutaramutswa brought the first wife to her husband Wendy Majonga and her daughter Ruth Moyo to the Civil Court seeking a protection order against the two.
Mutaramutswa is claiming ownership of the house on the strength of a marriage certificate she obtained after wedding her husband under chapter 5:11 while Majonga says she is the rightful owner of the same property by virtue of her customary marriage and contributions she made to the property.
Mutaramutswa told the court that Majonga is barring her access to house Number 292 Nehanda Housing Co-operative in Dzivaresekwa in which she is the rightful owner.
In her response Majonga told the court that Mutaramutswa was bulldozing her way into the house because of a marriage certificate.
"This woman got married to my husband and wedded under chapter 5.11. She is now taking advantage because I am customarily married," she said.
"There is never a time that I divorced my husband. I got married in 1991 and we had our first child in 1993 until now regardless that she came into the picture we are still together."
Majonga told the court that she contributed immensely towards the house by sending money while she was employed at the University of Botswana.
Majonga added that Mutaramutswa had instituted eviction proceedings at the High Court.
Responding to Majonga's allegations Mutaramutswa said when she got married she was not aware of the other wife.
"I was married in 1999. Together with my husband we joined this cooperative in 2001 and had our first child.
"We legalised our marriage in 2005 and had our second child the same year.
Mutaramutswa added that they made payments to the cooperative together and only knew of Majonga in 2011.
She also accused Majonga of sleeping with her husband as she was now his favourite. The court also heard that the bigamist then ran away in 2012 and reunited with his first wife.
The husband was called by magistrate Ms Tatenda Manhanzva to clarify on who contributed to the house.
He revealed that he is married to both women but the first wife made contributions to the house. Ms Manhanzva postponed the matter to July 15 to allow the two women to subpoena co-operative officials to testify on the true position.
The second wife Nelia Mutaramutswa brought the first wife to her husband Wendy Majonga and her daughter Ruth Moyo to the Civil Court seeking a protection order against the two.
Mutaramutswa is claiming ownership of the house on the strength of a marriage certificate she obtained after wedding her husband under chapter 5:11 while Majonga says she is the rightful owner of the same property by virtue of her customary marriage and contributions she made to the property.
Mutaramutswa told the court that Majonga is barring her access to house Number 292 Nehanda Housing Co-operative in Dzivaresekwa in which she is the rightful owner.
In her response Majonga told the court that Mutaramutswa was bulldozing her way into the house because of a marriage certificate.
"This woman got married to my husband and wedded under chapter 5.11. She is now taking advantage because I am customarily married," she said.
"There is never a time that I divorced my husband. I got married in 1991 and we had our first child in 1993 until now regardless that she came into the picture we are still together."
Majonga told the court that she contributed immensely towards the house by sending money while she was employed at the University of Botswana.
Responding to Majonga's allegations Mutaramutswa said when she got married she was not aware of the other wife.
"I was married in 1999. Together with my husband we joined this cooperative in 2001 and had our first child.
"We legalised our marriage in 2005 and had our second child the same year.
Mutaramutswa added that they made payments to the cooperative together and only knew of Majonga in 2011.
She also accused Majonga of sleeping with her husband as she was now his favourite. The court also heard that the bigamist then ran away in 2012 and reunited with his first wife.
The husband was called by magistrate Ms Tatenda Manhanzva to clarify on who contributed to the house.
He revealed that he is married to both women but the first wife made contributions to the house. Ms Manhanzva postponed the matter to July 15 to allow the two women to subpoena co-operative officials to testify on the true position.
Source - herald