DIANA NSOFWA writes
THE Matero local court has told a couple that it cannot seek divorce because dowry was not paid and were only co-habiting.
Gertrude Mwamba, 26, sued Innocent Malama,31, for divorce due to marital problems.
The two who were appearing before Magistrate Miyanda Banda got married in 2006 and have two children.
“Our problems started when we were still in the village. I am the one that does everything I pay rent and takes care of the children,
“He did not even pay dowry, When Malama has money he disappears and only resurfaces when he runs out of money. I don’t love him anymore. I want us to divorce,” said Mwamba”.
In defence Malama told the court that Mwamba was the 0ne who usually started arguments when he did not have money. “Mwamba will get married elsewhere to someone with money. She left with the children and I followed her, she said the marriage has ended but I do not want to divorce her,” said Malama
The court told Malama that when love ended then the marriage too broke down but as a man he was the head of the house who should display leadership.
“There will be other people that will start giving your wife money, you did not pay her bride price and it has become a problem,”
“If you did not pay then she is not your wife but your girlfriend in the eyes of the law, this is not marriage she is free to go and get married elsewhere,” said Magistrate Banda.
He told Mwamba that she free as Malama was not her husband but boyfriend and proceeded to dismiss the case