Sun, 21 Jan 2018 11:54:46 +0000
By FRANK NYAMBE
A LUSAKA housewife who denied her husband conjugal rights for two months has lost her marriage in a local court.
Victor Katongo, 40, a taxi driver of Chazanga compound was sued by wife Agnes Bwalya, 34 for divorce in Lusaka local court whom she accused of mistreating her.
The two got married in 2002 and have four children.
Bwalya told Senior Court Magistrates Miyanda Banda, Pauline Newa and Ronnie Shafwensha at Matero Local Court that she was frustrated because after they built a house together Katongo gave his relative K50, 000 so that he could build a house without her consent and decided to punish him by denying him sex.
She explained that Katongo only gave her K1, 500 and that when he bought a Hino truck he did not give her a share of the money.
“In November 2017 Katongo bought a bus. We have been differing and he beats me, at police he said that I am mad. Katongo also beat a 10-year-old child after she made a mistake,’’ said Bwalya.
In defence, Katongo said that they have been differing with Bwalya since 2016 and that she has denied him conjugal rights for two months.
He explained that problems started when he bought a Hino truck because he did not know it had a crack on the engine and that Bwalya got upset after he had a break down in Lundazi.
Asked by the court if he beat Bwalya, Katongo said that he did not because she could have scars on her face.
In submission, Bwalya said that she wanted divorce because Katongo beat her every day and feared she could be killed.
Katongo said that he wanted to reconcile with Bwalya for the sake of little children they have.
The court said that laws had changed and parents had no right to beat their children just as teachers were not allowed to employ corporal punishment on pupils.
The court said that since Bwalya refused to reconcile because she no longer loves Katongo, the couple could not be forced to live together.
The court granted the couple divorce ordering Katongo to compensate Bwalya with K10, 000 with initial payment of K1000 followed by monthly instalments of K300 and to be paying children maintenance fee of K400 per month.
Households and property acquired together to be shared and proceeds to be shared equally.
