…as he accuses wife of denying him conjugal rights
FORMER Health deputy minister Edwin Muguti’s marriage has been dissolved by the High Court after his wife, Tapiwa Mercy Mukandi filed for divorce accusing him of infidelity.
Mukandi filed to divorce Muguti in 2019 after claims that he was involved in an extra marital affair.
The High Court heard that the marriage had irretrievably broken down to an extent that the couple was no longer enjoying conjugal rights.
Justice Amy Tsanga granted the relief sought by Mukandi. She also awarded her custody of the couple’s minor child.
“Whereupon after reading documents filed of record, examining the plaintiff and hearing counsel, who applies for a decree of divorce and other relief on the grounds of irretrievable breakdown under the provisions of Section 5 of the Matrimonial Causes Act (Chapter 5:13), it is ordered that: a decree of divorce be and is hereby granted. Maintenance for a minor child (name supplied) shall be regulated by the order of the Maintenance Court granted on the 16″ of July 2019 under Case Number M2673/19.
“Custody of a minor child shall be with the plaintiff and the defendant being afforded reasonable access rights to the child during alternate weekends, public holidays and two weeks during school holidays at his own expense,” ruled the judge.
In her divorce papers, Mukandi said the couple’s marriage had irretrievably broken down and there were no chances of reconciliation.
Muguti was, however, opposed to the divorce.
Mukandi demanded to be awarded 100% shares of the couple’s Vainona property in Harare and another stand in Manresa, measuring 4 000 square meters, among other properties.
Muguti opposed the demands, saying what his wife wanted in shares was not due to her.
He admitted that their marriage has irretrievably broken down but blamed his wife for denying him conjugal rights.
The former minister also said he felt unsafe in his matrimonial home resulting in him moving out.
Muguti said he acquired the Vainona stand on his own using proceeds from his previous divorce settlement.
He also said there was no dwelling house as such, but only a temporary prefabricated structure.
Muguti also said he acquired the property independent of Mukandi for the benefit of his second wife and children from his second marriage.
He said the same stand was auctioned to offset a debt.