THE Lusaka High court has dissolved a marriage of State Counsel John Sangwa to Vivien Nsingo Sangwa.
Judge Nicole Sharpe-Phiri said in her judgment that on the totality of the evidence before her, she was satisfied that the marriage solemnised on June 6 1993, at the University of Zambia chapel in Lusaka between the two had broken down irretriev-ably in terms of section 8 and 9 (1) (d) of the Matrimonial Causes Act no. 20 of 2007.
“ I accordingly decree that the said marriage be dissolved and a decree nisi is hereby granted dissolving the marriage,” Ms Justice Phiri said.
She however said that the decree is to be made absolute within six weeks of the date hereof, unless sufficient cause be shown to the court, why it should not be so made.
Mr Sangwa in his evidence contended that they had lived apart for a period of two years immediately preceding the presentation of the petition and that their marriage had broken down irretrievably on that account.
The petition by Mr Sangwa was uncontested and Ms Nsingo provided her consent to the divorce.
Mr Sangwa on February 6, 2020 filed for the dissolution of his 26 year old marriage to Ms Nsingo.
He stated that after the celebration of the marriage, the couple lived together as husband and wife at Sub Division 1 of Sub -Division ‘U’ of farm no 215a, Lusaka West.
He stated that they were both legal practitioners by profession and had three children.
Mr Sangwa stated that to the best of his knowledge there were no other children now living that have been born to the petitioner during the substance of the marriage and they have been no previous proceedings in any court in Zambia or elsewhere with reference to the marriage or between the petitioner and the respondent with reference to any property of either or both of them.
He further stated that there were no proceedings continuing in any court outside Zambia, which are in respect of the mar-riage or which are capable of affecting its validity.
He stated that there was an arrangement between him and Ms Nsingo for the maintenance of the children of the family.
“The said marriage has broken down irretrievably by reason of the fact that the petitioner and the respondent have lived apart for a continuous period of more than five (5) years immediately preceding the presentation of this petition : from December 2014 to date,” Mr Sangwa stated.