News / Regional
Maintenance defaulter jailed for 6 months
30 Apr 2014 at 01:21hrs | Views
A 29-YEAR-OLD Plumtree man has been jailed for six months for defaulting on his maintenance obligations.
Jealous Mleya was jailed yesterday after defaulting for the past two years on an order to pay a $50 monthly maintenance for his six-year-old son.
Prosecuting, Medica Tshuma said Mleya owed $1,450 in maintenance arrears for an order that was issued on October 18, 2011 for the upkeep of his son.
He defaulted for 29 months.
"The complainant recently reported the matter resulting in Mleya's arrest," said Tshuma.
In his defence, Mleya attempted to wriggle off the hook by claiming that his son's mother, who is the complainant, had forced him to have sex with her.
He claimed that he never had intentions to have a child as he was and is still financially unstable.
Mleya also said his ex-girlfriend Reginah Nyathi, 27, insisted on unprotected sex.
"I had no intentions of having a child because I knew that I was not financially stable at that time and I am not even up today which explains why I have not been contributing towards the upkeep of my child for this while," he said.
Nyathi told the court that Mleya was making false allegations to escape paying maintenance.
She said her son's father had been working all along but for the past two years was always coming up with excuses not to pay.
"These allegations that he is making about me forcing myself on him are all a lie. In fact he is the reason why we are living separately right now. He is the one who cheated on me causing us to go our separate ways," said Nyathi.
She added: "The reason why I dragged him to court in 2011 was because he was not providing me with money for the upkeep of his child. He just does not want to assume responsibility for his actions."
Plumtree magistrate Livard Philemon dismissed Mleya's assertions that he had been forced to have sex saying he was supposed to have honoured his obligations.
The magistrate sentenced him to nine months imprisonment, three months of which were suspended for five years on condition that he does not commit a similar offence.
In passing sentence Philemon said: "The bottom line is that the child is there and has needs that have to be catered for and that is your responsibility as the father of that child."
Jealous Mleya was jailed yesterday after defaulting for the past two years on an order to pay a $50 monthly maintenance for his six-year-old son.
Prosecuting, Medica Tshuma said Mleya owed $1,450 in maintenance arrears for an order that was issued on October 18, 2011 for the upkeep of his son.
He defaulted for 29 months.
"The complainant recently reported the matter resulting in Mleya's arrest," said Tshuma.
In his defence, Mleya attempted to wriggle off the hook by claiming that his son's mother, who is the complainant, had forced him to have sex with her.
He claimed that he never had intentions to have a child as he was and is still financially unstable.
Mleya also said his ex-girlfriend Reginah Nyathi, 27, insisted on unprotected sex.
"I had no intentions of having a child because I knew that I was not financially stable at that time and I am not even up today which explains why I have not been contributing towards the upkeep of my child for this while," he said.
Nyathi told the court that Mleya was making false allegations to escape paying maintenance.
She said her son's father had been working all along but for the past two years was always coming up with excuses not to pay.
"These allegations that he is making about me forcing myself on him are all a lie. In fact he is the reason why we are living separately right now. He is the one who cheated on me causing us to go our separate ways," said Nyathi.
She added: "The reason why I dragged him to court in 2011 was because he was not providing me with money for the upkeep of his child. He just does not want to assume responsibility for his actions."
Plumtree magistrate Livard Philemon dismissed Mleya's assertions that he had been forced to have sex saying he was supposed to have honoured his obligations.
The magistrate sentenced him to nine months imprisonment, three months of which were suspended for five years on condition that he does not commit a similar offence.
In passing sentence Philemon said: "The bottom line is that the child is there and has needs that have to be catered for and that is your responsibility as the father of that child."
Source - chronicle
