News / Local
Prominent doctor's wife demands $10 000 maintenance
02 Jul 2013 at 04:24hrs | Views
A BULAWAYO woman is demanding more than $10 000 per month from her estranged husband, a prominent city doctor for her upkeep and that of their pre-school going daughter.
The applicant, Ms Grace Ndlovu made a court application on Friday for the maintenance order in terms of section 4(1) of the Maintenance Act, Chapter 5:09 at the Bulawayo Civil Court.
The ruling has been set for 12 July.
Ms Ndlovu is accusing her husband, Dr Nkonzo Ndebele, who is the respondent, of neglecting their daughter.
In her founding affidavit through her lawyer, Mr Christopher Dube-Banda of Banda, Nzarayapenga and Partners Legal Practitioners, Ms Ndlovu is demanding $4 405 from Dr Ndebele every month to cover among other things, a monthly subscription fee for a DSTV premier bouquet, entertainment and vacations, hairdos, rent, wages for the maid and gardener, computer servicing and software updates, dog food and medication.
In addition to that, the applicant wants Dr Ndebele to pay $5 300 to cover school fees, swimming lessons, tennis tournaments among other educational requirements for their daughter until she turns 18.
"The respondent moved out of our matrimonial home in May and since that time he has neglected his fatherly role of taking care of his daughter as well as meeting her daily expenses and needs that she used to enjoy.
"Our daughter has been accustomed to a lurid sophisticated lifestyle and I am therefore failing to provide for that kind of life since I only realise $1 800 per month from my bar business.
The respondent gets $40 000 every month through his business of running a fleet of taxis, three surgeries and in addition to that he is also an employed medical doctor working for Umguza Rural District Council," she said.
Ms Ndlovu is also demanding a once off desk fee of $1 200 for their daughter when she enrolls at Petra Junior School next year.
The girl is presently at Love Hearing Montessori Nursery.
"I therefore approach the Honourable Court for a maintenance order for the child in total sum of $10 905 to cover the expenses.
"The respondent used to meet the required needs without reservations but ever since he moved out of our home, he stopped. I have a good case for relief sought and I pray for an order in terms of the draft order attached hereto," read part of the affidavit.
In his opposing affidavit, Dr Ndebele said Ms Ndlovu was misleading the court, arguing that he never neglected his daughter.
He is also accusing Ms Ndlovu of trying to swindle him of his money under the guise that it was for the upkeep of their daughter.
"There is nothing which my daughter requires that I stopped providing her with. This is an application based on lies and the applicant is using some non-existent extra-school curricula to get cash from me using the name of our daughter.
"I only run one surgery and the other two are at inception stage and it is also not true that I realise $40 000 every month from my business. My taxis are not working save for one and I am also not employed," read part of his affidavit.
"My daughter is only four-and-a-half years hence there is no way such a child her age would require $4 405 per month for her upkeep because even when we were still staying together with the applicant, we never spent such an amount on our daughter."
Dr Ndebele further argued that he did not have money to pay the unjustified amount claimed by Ms Ndlovu.
"I have not failed to pay maintenance for my child hence there is no need for an order of maintenance."
Dr Ndebele is being represented by Mr Job Sibanda of Job Sibanda and Associates Legal Practitioners.
Dr Ndebele and Ms Ndlovu have been married under customary law for seven years until May when they separated.
The applicant, Ms Grace Ndlovu made a court application on Friday for the maintenance order in terms of section 4(1) of the Maintenance Act, Chapter 5:09 at the Bulawayo Civil Court.
The ruling has been set for 12 July.
Ms Ndlovu is accusing her husband, Dr Nkonzo Ndebele, who is the respondent, of neglecting their daughter.
In her founding affidavit through her lawyer, Mr Christopher Dube-Banda of Banda, Nzarayapenga and Partners Legal Practitioners, Ms Ndlovu is demanding $4 405 from Dr Ndebele every month to cover among other things, a monthly subscription fee for a DSTV premier bouquet, entertainment and vacations, hairdos, rent, wages for the maid and gardener, computer servicing and software updates, dog food and medication.
In addition to that, the applicant wants Dr Ndebele to pay $5 300 to cover school fees, swimming lessons, tennis tournaments among other educational requirements for their daughter until she turns 18.
"The respondent moved out of our matrimonial home in May and since that time he has neglected his fatherly role of taking care of his daughter as well as meeting her daily expenses and needs that she used to enjoy.
"Our daughter has been accustomed to a lurid sophisticated lifestyle and I am therefore failing to provide for that kind of life since I only realise $1 800 per month from my bar business.
The respondent gets $40 000 every month through his business of running a fleet of taxis, three surgeries and in addition to that he is also an employed medical doctor working for Umguza Rural District Council," she said.
Ms Ndlovu is also demanding a once off desk fee of $1 200 for their daughter when she enrolls at Petra Junior School next year.
The girl is presently at Love Hearing Montessori Nursery.
"I therefore approach the Honourable Court for a maintenance order for the child in total sum of $10 905 to cover the expenses.
"The respondent used to meet the required needs without reservations but ever since he moved out of our home, he stopped. I have a good case for relief sought and I pray for an order in terms of the draft order attached hereto," read part of the affidavit.
In his opposing affidavit, Dr Ndebele said Ms Ndlovu was misleading the court, arguing that he never neglected his daughter.
He is also accusing Ms Ndlovu of trying to swindle him of his money under the guise that it was for the upkeep of their daughter.
"There is nothing which my daughter requires that I stopped providing her with. This is an application based on lies and the applicant is using some non-existent extra-school curricula to get cash from me using the name of our daughter.
"I only run one surgery and the other two are at inception stage and it is also not true that I realise $40 000 every month from my business. My taxis are not working save for one and I am also not employed," read part of his affidavit.
"My daughter is only four-and-a-half years hence there is no way such a child her age would require $4 405 per month for her upkeep because even when we were still staying together with the applicant, we never spent such an amount on our daughter."
Dr Ndebele further argued that he did not have money to pay the unjustified amount claimed by Ms Ndlovu.
"I have not failed to pay maintenance for my child hence there is no need for an order of maintenance."
Dr Ndebele is being represented by Mr Job Sibanda of Job Sibanda and Associates Legal Practitioners.
Dr Ndebele and Ms Ndlovu have been married under customary law for seven years until May when they separated.
Source - chronicle