A 29-year-old marriage collapsed after a husband, who was caring for his two brothers’ late wives, fathered a child with one of the widows.
The case was revealed in the High Court’s divorce decision of the man, Thabson Chivanga, against his wife, Grace Mwakurudza.
Shivanga and Mwakorodza have been married since 1995, in accordance with Chapter 37 of the Marriage Act, now Chapter 5:11 of the Marriage Act.
Four children were born from their marriage.
Mwakorodza left Chivanga, accusing him of having adulterous relations with his brothers’ widows.
She alleged that Shivanga not only took the responsibility of taking care of his late brother’s widows and children but was also living with them.
Mwakurudza contested the divorce claiming that their relationship had not been irretrievably severed. She said she only left when Chivanga moved in with one of his late younger brother’s wives. I prayed for the divorce to be dismissed. Tshivanga admitted in his memoirs that he had given birth to the child 13 years after the death of his late brother.
He said that he had exhausted all means to convince his wife to return home, but she refused.
He indicated that he made three attempts to persuade her to return after she left the country house.
“Furthermore, he then informed her that he was approaching the judiciary to obtain an immediate divorce to which she agreed.
He noted that his brothers had died and he had taken on the responsibility of looking after their children who were all going to school, and taking care of the widow, and Mwakorodza was not supportive of the role he played, as stated in the findings of Judge Fatima Maxwell.
During their marriage, the two acquired various properties, including three stalls at Chikanga 1 and 2 Mutare, a Chippinge Rural District Council farm, and 14 herds of cattle.
“Having found that Mwakurudza claimed neither an interest in Ward 631 Chikanga, Phase 1, Mutare, nor compensation for her contribution to the development of Ward No. 3054 Chikanga 2, Mutare, I issued the following order:
“A divorce decree is hereby issued. Mwakorodza’s counterclaim is hereby dismissed and dismissed. H Metro
