By Mwaka Ndawa
THE Lusaka High Court has dissolved the marriage of former Chilanga member of parliament Keith Mukata to his wife Maricho Rosin Hoare, owing to the latter’s uncustomary behaviour.
In this matter, Maricho petitioned Mukata for divorce, for denying her conjugal rights.
The petitioner asked the court to grant her judicial separation as her marriage to Mukata had broken down irretrievably.
She also wanted the court to grant her custody of the four children born out of the marriage.
Maricho explained that since Mukata was pardoned for murder by former president Edgar Lungu in August 2021, he had deserted their home and never returned to re-unite with her and their children.
Mukata who consented to divorcing Maricho denied behaving unreasonably in his marriage, saying it was impossible to satisfy his wife sexually as he was incarcerated at Mukobeko Maximum Correctional facility in Kabwe and the law does not allow conjugal rights to prisoners.
He alleged that Maricho had been and is still engaged in extra marital affairs currently with Mubanga Kafula who has not spared a moment to disparage him on social media and through his children and workers.
Mukata claimed that Maricho did not spend nights at home as she always went out partying and left the children alone with no one to babysit them.
He further alleged that Maricho attempted to defraud him by erasing his name from contracts for the purchase of property they jointly owned.
In her judgement, judge Malama noted that Maricho’s behaviour towards Mukata was not only unreasonable but also atypical of the union of marriage.
She said Maricho’s behaviour not only showed total disregard for her husband as a party to the marriage but also not in consonant with the subsistence and sustenance of a marriage.
“It is clear from the respondent’s evidence on record that there is no mutual love between the parties and that there is no recognition of the existence of the marriage between the Petitioner and the respondent for the said marriage to be seen to subsist,” judge Malama said. “On the totality of the petitioner’s undisputed evidence on record, I find that the respondent has proved that the marriage, which was solemnised on September 8, 2017 at the office of the Registrar of Marriages, in Lusaka, under the Marriage Act, between Maricho and Mukata, has broken down irretrievably by reason of the fact that the Petitioner has behaved in such a way that the respondent cannot reasonably be expected to live with the Petitioner.”
Judge Malama said she would later determine who would be the custodian of the children upon formal application by either party in default of agreement.
She directed that the said application should be made within 30 days from the date of her judgement.
“Further, I refer the following issues to the learned deputy Registrar for determination on formal application by either party in default of agreement; maintenance of either party or of the children of the family and property settlement (if any) considering the nature of these proceedings,” said judge Malama.
‘’ “I accordingly declare that the said marriage be dissolved and grant a decree nisi to Mukata pursuant to section 41 of the Matrimonial Cause Act. I also order that the decree nisi shall broke absolute after the prescribed statutory period of six weeks from the date of this judgement unless cause is shown why the same cannot be made absolute,” judge Dorcas Malama said.
She granted the parties leave to appeal her decision.