Thursday, June 04, 2009

Woman claims cruelty in seeking divorce

A 34-YEAR-OLD woman told a local court in Lusaka that her husband taught her beer drinking with sugar added to withstand its bitter taste. Teliya Banda of Lusaka’s Bauleni Township has sued for divorce her husband, Handsen Mwanza, 44, alleging he was cruel. The two got married in 1999 and have one child.

Banda told the Chilenje local court that she lived well in the marriage for only two years after which Mwanza got out of formal employment and stopped providing for the home.

“When Mwanza gets some money through casual jobs, he goes to drink beer,” she said.

Banda said that she used to get some maize from her parents and use some of it for grinding into mealie-meal and the rest of it for making kachasu, an illicit spirit, which she sold to earn some money. She said that whenever Mwanza returned home and found a meal of vegetables, he would beat her. She told the court that she wanted to divorce Mwanza because he beats her virtually everyday, and often in public. She said that she had medical reports to prove her statement. She also said that Mwanza has told her that he doesn’t love her and that he one time tried to throttle her.

“In March 2009, he beat me and chased me from home, saying that he wanted to marry another woman. He even tore my clothes. His relatives are also fed up of him. He can’t even buy a candle. When he has money he goes to drink beer and would have his lunch at the market. I left the matrimonial home on March 31st 2009 and he has never followed me,” Banda said.

In cross-examination, Banda said that she found Mwanza having a meal in the market on two occasions. Asked by the court if she would not consider giving Mwanza another chance, Banda said she couldn’t.

“Mwanza can’t change because every time he beats me he says he will kill me,” Banda said.

In defence, Mwanza said that Banda had become a drunkard and that she left home after they fought over a radio she broke while drunk. He said that Banda was now often in the company of women drinking beer in taverns. In submission, Banda said that it was Mwanza who got her into the habit of drinking beer.

Passing judgment, senior presiding magistrate Irene Mundia, sitting with senior court magistrate Kalunga Chansa, said that Mwanza was cruel to Banda and yet he was the one who introduced her to beer drinking.

The court granted divorce without compensation, but Mwanza is to maintain his child through a monthly payment of K100,000.

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