A HARARE woman’s bid to get spousal maintenance failed yesterday when a Harare Civil Court magistrate Mrs Nyasha Marufu ruled that she could maintain herself since she was gainfully employed.
Violet Matibiri, who is on separation with her husband Malvern, had approached the court seeking $7 000 for her upkeep and that of their two minor children.
Violet, who is employed as a police officer, told Mrs Marufu that she wanted $4 000 for the children’s upkeep and $3 000 for herself as she was still legally married to Malvern.
She told the court that Malvern had the capacity to pay the money since he is employed as a soldier, has a tobacco licence, which he uses to buy and sell tobacco and also owns a gold mine in Chinhoyi.
“He is a soldier and he earns $9 000 plus US$75. He is now married to another woman and they have a child together. Besides being a soldier, he has a tobacco licence, which he uses during the tobacco season to buy and sell tobacco. He also owns a gold mine in Chinhoyi and a farm,” she said.
Mrs Marufu dismissed Violet’s application for spousal maintenance because she was able-bodied, employed and able to take care of herself.
Malvern agreed to pay the $4 000 for the two children and 50 percent of their school fees. He told the court that he could not pay spousal maintenance since he and Violet earn the same salary.
“I have no problem is paying $2 000 for each child. We earn the same salary with her, so I cannot pay spousal maintenance,” he said.
Mrs Marufu ordered Malvern to pay $4 000 for the upkeep of the two children and 50 percent of the school fees.