News / National
Former Zim health deputy minister denied conjugal rights by wife
03 Feb 2023 at 07:31hrs | Views
FORMER health deputy minister Edwin Muguti's marriage has been dissolved by the High Court after his wife filed for divorce in 2019 accusing him of infidelity.
His ex-wife, Tapiwa Mercy Mukandi claimed the former government official was having an extra-marital affair.
The High Court heard the marriage had irretrievably broken down to an extent that the two were no longer enjoying conjugal rights.
Sitting at the Harare High Court, Justice Amy Tsanga granted the relief sought by Mukandi also awarding her custody of the couple's minor child.
"Whereupon after reading documents filed of record, examining the plaintiff and hearing counsel, who applies for a decree of divorce and other relief on the grounds of irretrievable breakdown under the provisions of Section 5 of the Matrimonial Causes Act (Chapter 5:13), it is ordered that:
"A decree of divorce be and is hereby granted.
"Maintenance for a minor child (name supplied) shall be regulated by the order of the Maintenance Court granted on the 16″ of July 2019 under Case Number M2673/19.
"Custody of a minor child shall be with the plaintiff and the defendant being afforded reasonable access rights to the child during alternate weekends, public holidays and two weeks during school holidays at his own expense," ruled the judge.
In her divorce papers, Mukandi said there were no chances of reconciliation but Muguti wanted to keep the marriage.
Mukandi demanded to be awarded 100% share of the couple's Vainona property and a stand in Manresa measuring 4 000 square meters, among other properties.
Muguti opposed the demands saying what she wanted in shares was not due to her.
He however admitted that their marriage had irretrievably broken down but blamed his wife for denying him conjugal rights.
The former minister also said he felt unsafe in his matrimonial home resulting in him moving out.
Muguti said he acquired the Vainona stand on his own using proceeds from his previous divorce settlement.
He also said there was no dwelling house as such but only a temporary prefabricated structure.
Muguti also said he acquired the property independent of Mukandi for the benefit of his second wife and children from his second marriage.
He said the same stand was auctioned to satisfy a judgement debt.
The parties signed a consent on the 15th of December 2022 and filed early this year agreeing on their differences.
His ex-wife, Tapiwa Mercy Mukandi claimed the former government official was having an extra-marital affair.
The High Court heard the marriage had irretrievably broken down to an extent that the two were no longer enjoying conjugal rights.
Sitting at the Harare High Court, Justice Amy Tsanga granted the relief sought by Mukandi also awarding her custody of the couple's minor child.
"Whereupon after reading documents filed of record, examining the plaintiff and hearing counsel, who applies for a decree of divorce and other relief on the grounds of irretrievable breakdown under the provisions of Section 5 of the Matrimonial Causes Act (Chapter 5:13), it is ordered that:
"A decree of divorce be and is hereby granted.
"Maintenance for a minor child (name supplied) shall be regulated by the order of the Maintenance Court granted on the 16″ of July 2019 under Case Number M2673/19.
"Custody of a minor child shall be with the plaintiff and the defendant being afforded reasonable access rights to the child during alternate weekends, public holidays and two weeks during school holidays at his own expense," ruled the judge.
In her divorce papers, Mukandi said there were no chances of reconciliation but Muguti wanted to keep the marriage.
Mukandi demanded to be awarded 100% share of the couple's Vainona property and a stand in Manresa measuring 4 000 square meters, among other properties.
Muguti opposed the demands saying what she wanted in shares was not due to her.
He however admitted that their marriage had irretrievably broken down but blamed his wife for denying him conjugal rights.
The former minister also said he felt unsafe in his matrimonial home resulting in him moving out.
Muguti said he acquired the Vainona stand on his own using proceeds from his previous divorce settlement.
He also said there was no dwelling house as such but only a temporary prefabricated structure.
Muguti also said he acquired the property independent of Mukandi for the benefit of his second wife and children from his second marriage.
He said the same stand was auctioned to satisfy a judgement debt.
The parties signed a consent on the 15th of December 2022 and filed early this year agreeing on their differences.
Source - NewZimbabwe
