FORMER High Court judge, Justice Moses Chinhengo, has approached the High Court seeking a decree of divorce against his wife, Josephine Judith Hatidani Chinhengo (nee Chatikobo) over irreconcilable marital disputes.
BY CHARLES LAITON
Chinhengo filed his divorce papers sometime in September last year, seeking termination of their 20-year-old marriage, which was blessed with two minor children.
In his declaration, through his lawyers Mhishi Legal Practice, Justice Chinhengo said the parties have since lost love and affection towards each other and have not been living together for the past four years.
“The marriage relationship between the parties has broken down irretrievably to such an extent that the parties can no longer live as husband and wife, more particularly in that…the parties have been continuously incompatible over important marital issues, which issues have not and remain unresolved,” the judge said.
“There are no reasonable prospects for the restoration of a normal marriage relationship between the parties.”
Chinhengo further said upon the court granting a decree of divorce, it would be in the best interests of the couple’s children that he be granted custody of the minors, with his wife being granted reasonable access to them on school weekends and public and school holidays.
“It will be just and equitable that the minor children of the marriage be maintained as follows:- that both parties contribute 50% of the children’s school fees, levies, top-ups and any other school- related expenses until university or the children become self-supportive, whichever occurs first.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“That both parties contribute 50% of the children’s medical aid with a reputable medical aid society and that both parties be ordered to contribute 50% of clothing and groceries for the children up to university or become self-sufficient, whichever occurs first.”
The former judge also said he was seeking an order to share proceeds of stand number 457 Nhungu Street, Old Windsor Park, Ruwa, in the ratio 70% and 30% respectively saying he acquired the property through resources he mobilised prior to the parties commencing a relationship.
He urged the court to grant his wife a Mitsubishi vehicle and all the movable assets at the couple’s matrimonial home.
In her response, Josephine, through her lawyers made a counterclaim in which she dismissed assertions that the parties had lost love and affection for each other.
“This is disputed that the parties have lost love and affection for each other. It is the plaintiff (Chinhengo) who has lost love and affection for the defendant (Josephine) and has moved out of the matrimonial home,” she said.
Josephine urged the court to grant her custody of their minor children and that the Ruwa property be sold and proceeds shared equally.
The matter is set to be heard today before High Court judge Justice Hlekani Mwayera.
