THE Lusaka High Court has granted Judicail seperation between Economic and equity party leader Chilufya Tayali and his first wife Marie-Reine Ingabire Rutagwera.
This is in a matter where Rutagwera had petitioned Tayali for divorce.
Rutagwera a public health specialist wanted an order that her 12 year marriage to Tayali be dissolved by the court for breaking down irretrievably.
In her petition for divorce Rutagwera said she was lawfully married to Tayali on April 30,2008 at the office of the registrar of marriages in Lusaka.
The petitioner explained that she and Tayali have lived apart for a period in excess of two years immediately preceding the presentation of the petition and Tayali’s consent to the dissolution of the said marriage.
Rutagwera had disclosed that she last co-habited with Tayali as husband and wife on May 18,2010 at house number 14, Njoka road in Lusaka’s Olympia township.
Tayali’s first wife stated that there were two children of the family aged 17 and 13 years born on April 5,2003 and January 20,2007 now living.
Rutagwera said there were previous proceedings in the High court in relation to the said marriage under cause no. 2010/HPD/106 but the same were abandoned after the record went missing at the High court since 2013.
Tayali’s ex wife further explained that she petitioned for dissolution of marriage on December 7, 2010 and filed her submissions and judgement date was slated for February 2013 and Justice Emelia Sunkutu was transferred from Lusaka and no judgement has been rendered since then.
Rutagwera added that the couple has remained seperated since May 10,2010 and prayed that herself and Tayali be granted joint custody of the children of the family, futher or other reliefs the court deems fit.
She also sought an order that Tayali agrees to settle only K10,000 for legal costs arising in and incidental to the court action.
During hearing of the petition Tayali told the court that he signed the consent to divorce freely and voluntarily and that he understood the consequences of signing the same.
He prayed that the marriage be dissolved as the case had taken long and the separation had been difficult and it had impacted on the children.
In her ruling justice Sharon Newa said that she found that Rutagwera had proved her case and granted a decree nisi for the dissolution of the marriage that was solemnized on April 30, 2008.
“The decree nisi shall become absolute after a period of six weeks. The parties are at liberty to file a consent order with regard to the custody of the children of the family,”
” In default thereof, an application can be made to me at chambers, while the application for maintenance and property settlement shall be heard by the registrar. The costs of the proceedings may be settled by way of consent and in default, they shall be borne by both parties and shall be taxed.” Said judge Newa
©Kalemba July 29, 2020