Sharon Muzungu Makungu v Emmanuel Bwalya Makungu (2024/HPF/D561) [2024] ZMHC 269 (22 November 2024)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY COURT DIVISION HOLDEN AT LUSAKA (Divorce Juris diction) BETWEEN: 22;,;~ . . ➔ ] SHARON MUZUNGU Mr-. ... __,, ·~nt\ -> . · · KS0061 AND 2024/HPF/D561 PETITIONER EMMANUEL BWALYA MAKUNGU RESPONDENT Before the Honourable Mrs. Justice M. M. Bah-Matandala Dated this 22nd November, 2024. For the Petitioner: Ms. C. Shimaluba Messrs. - National Legal Aid Clinic for Women For the Respondent: Ms. Tembo - Tindi - Senior Legal Aid Counsel Messrs. Legal Aid Board. JUDGMENT LEGISLATION REFERRED TO: 1. THE MARRIAGE ACT CHAPTER 50 OF TH E LAWS OF ZAMBIA 2. THE MATRIMONIAL CAUSES ACT NO. 2 0 OF 2007 OF THE LAWS OF ZAMBIA 3. THE MATRIMONIAL CAUSES RUL ES 1977. 1.0 INTRODUCTION 1.1 On 2 0 th September 2024 Sharon Muzungu Makungu th e Petition er h erein filed a Divorce Petition pursuant to Section 8 and 9(1) (d) of the Matrimonial Causes Act Respondent Emmanuel Bwalya Makungu on the ground that the Petitioner and the Respondent have lived apart for a continuous period of at least Two (2) years immediately preceding the presentation of the Petition. 2.0 THE PETITION 2.1 The Petition showed that the parties were lawfully married on 27th May 2012 at Woodlands Extension SDA Church in the City and Province of Lusaka in the Republic of Zambia, pursuant to the Marriage Act Chapter 50 of the Laws of Zambia. 2 .2 The Petitioner and the Respondent last lived together as Husband and Wife in Nyumba Yanga in the City and Province of Lusaka of the Republic of Zambia. 2 .3 The Petitioner is a Senior Broker at Minet Zambia Insurance Broker and is residing in Chalala, Lusaka whilst the Respondent is an Assistant Registrar at Mulungushi University and is residing in Kabwe Central Province. 2 .4 Both the Petitioner and Respondent are domiciled 1n Zambia. -J2- 2 .5 That there are Two (02) children of the family now living namely; i Wachikuku Micah Makungu {female) born on the 28th April 2013 aged 13 years ii Watupa Abel Makungu (male) born on the 2Qth June 2016 aged 8 years. 2.6 There are no other children born to either the Petitioner or the Respondent prior or during the subsistence of the marriage. 2 . 7 There have been previous proceedings in the High Court for Zambia under cause No. 2023/HPF/D364 relating to the marriage which were discontinued. 2.8 That there are no proceedings continuing in any Court outside of Zambia in respect of the said marriage or which were capable of affecting its validity or subsistence. 2.9 No arrangement has been made or is proposed to be made between the parties for the support of the children of the family. 2 .10 That the said marriage has broken down irretrievably by reason of the fact that the parties have lived apart for a -J3- continuous period of two years, since January 2022, immediately preceding the filing of this Petition. 2. 11 The Petitioner further prayed that; a) the said man-iage be dissolved b) the Petitioner be granted custody of the children of the family with reasonable access to the Respondent. c) there be an Order for maintenance for the children of the family. d) there be an order for property settlement. e) that each party bears their own costs. 2.12 In light of the foregoing, it is hereby adjudged that the marriage between the parties herein has broken down irretrievably pursuant to Section 8 and 9(1) (d) of the Matrimonial Causes Act No. 20 of 2007 of the Laws of Zambia. The Petitioner is granted a decree nisi which shall become absolute after the prescribed statutory period of six weeks. 2 .13 I refer the application for property settlement and maintenance to the Honourable Registrar. -J4- • 2.14 I grant custody of the children of the family to the Petitioner with reasonable access to the Respondent. 3 .0 Each party to bear their own cost. 4 .0 I order accordingly. -JS-