Tabakamulamu v Tabakamulamu (HP/D 75 of 2015) [2016] ZMHC 56 (1 February 2016)

2015/HP/D075 IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Divorce Jurisdiction) BETWEEN: MWANDABAI TABAKAMULAMU AND CHIBUYE MARIAN CHIWEWE TABAKAMULAMU RESPONDENT Before the Honorable Mr. Justice E. M. Sikazwe in Chambers For the Petitioner For the Respondent : : In person In person Legislation referred: Section 9 (1) (b) (c) of the lVIatrimonial Causes Act No. 20, of 2007. This IS a petition for dissolution of marriage filed by M\vendabai Tabakamulamu, the Petitioner on 16'h March, 2015. The Petitioner seeks to have his marriage to Chibuyc Marian Chiwewe Tabakamulamu, the Respondent, dissolved. The petition of Mwendabai Tabakamulamu shows ,hat he got married to the Respondent on 27th ,July 2002 at the Office of the Registrar of Marriages at the Lusaka Civic Centre, Lusaka as per the Certificate number 462 submitted into Court. The Petitioner and Respondent last lived together as husband and wife on House Number 31, Mataba Street, Libala Stage 4B, Lusaka. Both the Petitioner and the Respondent arc currently domiciled within Zambia. There is one (I) child of the family by the name of Jonathan Tabakamulamu now living. There have not been in the High Court any previous proceedings with reference to the said marriage filed either by the Petitioner or the Respondent. No arrangement has been made between the parties for the support of the child of the family or otherwise relating to arising out of or connected with the proceedings. It is the Petitioner's position that the marriage has broken down irretrievably as the Respondent has an excessive intake of aleohol to an extent of even drinking strong spirits, also known as 'Tujilijili' and further that their son's mentality has adversely been affected as a result of her continued beer drinking habit. The Petitioner, therefore, prays that the marriage be dissolved; that the Petitioner be granted custody of the child with reasonable access to the Respondent; that there be no property settlement; and costs be in the cause. Upon hearing both the litigants in this matter and the Respondent consenting to the divorce and also that the litigants have been leaving apart for more than 2 years, I find that the marriage has broken down irretrievably and they cannot be expected to live together as per Section 9 (1) (b) (c) of the Matrimonial Causes Act No. 20, of 2007. I therefore dissolve the marriage with immediate effect. Custody of the child will be decided by the two of them since the child now IS Twelve years and in Gradc 8. -J2- If there is any property to share this will be done at the Deputy Registrar Chambers together with any maintenance which will have to be put forward between the two of them. Since both parties appeared in person I make no order as to costs. DELIVERED THIS 1ST DAY OF FEBRUARY, 2016. E. M. SI JUDGE -B-