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'She is my wife, why should I pay maintenance?'

by Mercy Ngwebvu
08 Aug 2015 at 07:05hrs | Views
IN a frantic bid to evade maintenance, a Mutare man told the court that he would not pay maintenance to a woman he was staying with.

James Magacha and his wife Dzidzai Musatyira appeared before magistrate Anniah Ndiraya last week, with Musatyira describing her husband as negligent to his duties as a family man.

"I need maintenance because he does not give me any money whereas there are a lot of things to be taken care of around the house.

"We have five minor children, who need to be taken care of and the father should be the one to do that. I will also chip in so that we both take care of the children we had together," said Musatyira.

Responding to his wife's claims, Magacha adamantly told the court that paying maintenance would only be logical if the involved parties were no longer staying together.

Said Magacha:"I do not understand why my wife would claim maintenance from me.

"We stay together and we have been taking care of our family together. I cannot pay maintenance, Your Worship because this woman is my wife."

Ndiraya was, however, quick to correct his delusion saying if he was not taking care of his family; his wife would be well within her rights to claim maintenance.

"It does not matter whether or not you are staying together. If you are not taking responsibility, your wife has the right to come and claim maintenance from you," explained the magistrate.

Magacha eventually agreed to pay the $200, saying he now had a well paying job.

"I now understand it and I have no problems taking care of my own children.

"The only reason why she thought I was being negligent is because I did not have a proper job then. I will pay the $200 that she wants. Just tell me how I will pay this money. Will I have to put it into some account or what?" he asked arrogantly.

Magacha was ordered to start paying the maintenance by August 31.


Source - manicapost
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