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Drama: Court Tells Lusaka Woman ‘You Cant Divorce Him-You Are Not Married, You Just Co-Habit’
A LUSAKA woman who sued her husband for divorce suffered a setback when the Boma court dismissed her claim, saying it was not a marriage but co-habitation.
This was heard before Justices Morgan Kanyika and Peggy Nyambe in a case in which, Wina Nakalumbe 22, of chilenje sued Lukas Miti, 28, of New Chilenje for divorce.
In passing judgment, Justice Nyambe dismissed the claim, saying there was no marriage in the first place as what Miti had been charged for, was damage and not dowry.
Nakalumbe said the two started living together in 2007 when she got pregnant.
In 2008 she said, their two families met together and discussed marriage where according to Nakalumbe, Miti was charged dowry.
However, problems in their marriage began in 2012 when he started sleeping out and beating her.
She said they shifted to another locality where he impregnated another woman but they talked it over and she forgave him.
In 2013, she said, their problems escalated when he told her he wanted her out.
And in his statement, Lukas Miti denied that theirs was a marriage but that he had just impregnated her and that’s how they started living together.
Miti said all was well when they began staying together until Nakalumbe started following him to the bar.
Miti said he once asked her family to take her for counseling but they refused saying it was not a marriage.
But Nakalumbe’s mother, in her testimony insisted her daughter Nakalumbe was indeed in a marriage because the two families sat, discussed and agreed that Miti be charged dowry.
She said when her daughter fell pregnant by Miti; she charged him with damage and dowry which his family accepted.
That meant the Miti family had acknowledged there was a marriage between their son and Nakalumbe.
However, when Justice Nyambe read the documents, she saw that they were written ‘Meeting to Discuss Damage’.
She said the documents that Nakalumbe’s mother submitted to the court showed Miti was only charged for damages.
Nakalumbe’s mother then told the court that whoever was writing had made a mistake.
Justice Nyambe argued that it was not the court’s problem that the documents brought to court were incorrect.
She said she was making judgment based on the evidence availed to her.
To that effect, the court had ascertained that it wasn’t marriage but co-habitation.
Posted by Editor
on August 19, 2013. Filed under LATEST NEWS.
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Alvin Chipmunk
August 19, 2013 at 5:56 am
Why do these local courts back peddle. At times they say that when you cohabit for a period exceeding six months that is deemed marriage. Let the girl appeal the verdict to a higher court.
Jack Malama
August 19, 2013 at 12:34 pm
There’s no such law anywhere in the world.
Pa zed
August 19, 2013 at 3:37 pm
I do not know what you mean by “world”. Go and get a job at the UN in Vienna and get a woman, cohabit with her, have a child with her, then try to send her away. If she can prove to the court that you cohabited for more than 6 months, then know that she wil get part of your benefits. So many careless men have been trapped by women at the UN in Vienna.
Kalulu
August 19, 2013 at 3:57 pm
It has nothing to do with Vienna or UN, is matters of fact she was offering her duties as a wife and he as a husband either on papers *married* or not it depends on the living situation of both. And the Child part is another law case in the EU…he has to pay for the child simple like in Zambia too
kapuli wa ng'ongo
August 19, 2013 at 5:58 am
What about the common assumption that if a man and a woman live together for 6 months they are considered to be married?
I have read judgments in similar courts where this principle has been applied regardless of whether dowry has been paid or not.
Jack Malama
August 19, 2013 at 12:40 pm
The law says “Ignorance is not defence”. Getting married is a simple procedure, just follow it.
Lumba
August 19, 2013 at 7:45 pm
There are different types of marriages available in Zambia obtainable from (1)courts of law (2)churches (3)customary. The case at hand does not fit in any of these. Cohabiting does not apply in Zambia to be taken as marriage afterwards.
Some have moved on to normalize things to be a married couple after years of cohabiting.
likaki nyau nyau
August 19, 2013 at 6:06 am
@Alvin….and @Kapuli you are both right. Some judgments by so called local court justices are amazing and not based on written law but ‘felt’ positions or moods of the justices themselves.
And the area they call New Chilenje was built in 1967! Why not just call it Chilenje?
Peoples thinking amaze me
August 19, 2013 at 4:08 pm
Maybe you would also like New York to change to York, or New Zealand to Zealand. How old are you??????
mandady
August 19, 2013 at 7:18 am
bt u cn even get ashemd of who u wnt 2 b judges a nw useles jst becoz of wat thy conceder n there minds u even knw dat dey av lived 4 more than six months mo than a year dat z wat i cal marriege whch 1 do u wnt us 2 take o u jst being gven chansi 2 sit on de judges chair you a de secretory at de court.
Thief Justice
August 19, 2013 at 7:43 am
I gotta rule over this.
This was indeed a marriage. but not a divorceable one.
When you accept to be taken in like that, you leave like that. no court, no formalities… just like you went in!!
NASILELE MUTALE YAAULU
August 19, 2013 at 9:05 am
YOUNG PEOPLE HAVE TAKEN ON THIS HABIT OF “STAYING TOGETHER”. MEN ARE FUNNY, ONCE THE ULTIMATE IS REACHED (SEX), THEY WANT ANOTHER VIRGIN!!! SO IF YOU HAVE NOT TIED THE MARRIAGE, YOU BECOME VULNERABLE.
YOUNG PEOPLE PLEASE DO NOT HAVE SEX UNTIL YOU MARRY. YOU WILL AVOID THIS KIND OF PROBLEM.
ON THE JUDGEMENT’S CONTRARY VIEW, I THOUGHT TRADITIONALLY, IF YOU STAY WITH A WOMAN FOR MORE THAN THREE MONTHS, THEN YOU ARE MARRIED????
Mpangula Mputyu aka TeamDoraPetauke2013
August 19, 2013 at 9:18 am
Maybe the local Boma “judge” wanted the guy for herself.
Like the case of Lombe Chibesafimofimo as revealed by Kalaki in last Kalaki Koner.
DRAMENGAE
August 19, 2013 at 9:39 am
she got pregnant at 16?? is that not…?
Mukombe Wamano
August 19, 2013 at 10:18 am
Local courts are the worst in dispersing Justice.
eric
August 19, 2013 at 10:19 am
The girl must appeal the judge has errored on point of fact and point of Law the marriage Act states the when thy live more six mothns than its persumed thy are marrid therefore I learnd jugde can’t pass such a verdict shame on her
church elder
August 19, 2013 at 11:57 am
The local courts are corrupt…balibalishamo. The judgement is not making any sense
The Engineer
August 19, 2013 at 12:03 pm
The Judge is very right. Youngs get the facts correctly, under customary laws when two people live together and sleeping together for a minimum period of 6 months, they are considered married. However under civic law, man and woman are only married if they are given married certificate by the registrar of marriages at the civic centre. At anytime you want to confirm your marriage, just go to the civic center and your names will be found in the married register. Such are the cases that can only be dissolved by the courts of law. On the issue of customary(traditional) marriage, its just an arrangement by the two families, accepting the terms and they only can dissolve that marriage. As far as the courts are concerned, the two are just cohabiting. Ladies be careful and be straight with the man intending to marry you that you need a married certificate from the council civic center. I hope this has helped somebody!!!!!
◕‿◕
August 19, 2013 at 2:50 pm
Whatever happened to “till death do us apart” ?
Jack Malama
August 19, 2013 at 12:58 pm
Even under customary law, it’s only when dowry has been paid that you will be considered as being married. Not living together. What if the guy had moved in a woman’s house and she want’s him out after a year? Is she going to be forced go through the thing of devoicing or living with someone she no longer wants around.
It was a very ****** law if you ask me. And am glad it was abolished.
Bungo Bungo man
August 19, 2013 at 4:01 pm
A man gets a woman pregnant and you want to charge him for damage. What nonsense is this. The woman wanted live sex too. If she is clever she should have told him to put on a condom or she should have gone on the pill. Men get blamed for everything. It takes two. I blame them both. She gave it up without protection. Entrapment??????
Lisa
August 20, 2013 at 7:54 am
you are the men who re impregnating these ladies who re dumping babies in plastic bags!!! instead of sticking to 1 lady u hv impregnated, u leav her in th name of being nt married! thats y u die early! shaa!
Bungo Bungo man
August 20, 2013 at 1:51 pm
…..And these same irresponsible, horny women should tell the men, ” No Love No Glove” . It takes two to make a baby. They should BOTH be blamed.
walasa
August 19, 2013 at 7:44 pm
Bungo man walasa mwandi! damage would be appropriate for forced sex. In addition, they say females mature earlier in mind than males. So mwebantu, why should a man be charged damage when the sexual act was consensual? Elyo bambi bailetafye because they know that a man is vulnerable when sexually hungry. One of these days I will sue a woman for damage also.
Lumba
August 19, 2013 at 8:02 pm
Come to think of it. You go for divorce and you are told you are actually not married.
You should jump and shout “hurray”! and walk away. You would have gotten what you wanted kaili. Why waste time producing irrelevant evidence and to achieve what when you would have gotten what you need.
Manje looking at this issue pali nkhani yakangono.
The lady’s family seem to want to make a quick one out of the guy
nana
August 20, 2013 at 8:22 am
iwe bungo bungo man you are useless
Bungo Bungo man
August 20, 2013 at 1:45 pm
Truth hurts! It’s either you are or you have a bastard.
atishani
August 20, 2013 at 8:57 am
well from my own understanding those people were married verbally and the judge ought to judge based on that period.ans on a few shares,shes entitled to some then hey start a life,22? very young and there is some much to life than that bungwe u got!
mike
August 21, 2013 at 12:56 pm
I hav enjoyd the commentries,bane its either u are married or not and if u are married,there is no debate about it.There 3 situations in life whch everyone wl knw wen they take place i.e birth,marriage n death. Cohabiting is NOT a marriage n it wl NEVER be! Let this b a lesson to all stranded women and their foolish parents who encourge the…aye baku lungisa.