A MAN has refused to reconcile with his wife in a Lusaka local court saying she refuses to make love with him after he tested HIV positive and that she is likely to desert him if he becomes very sick.
Webster Mwenya, 36, of six miles, was testifying in a case in which his wife, Mambwe Chibuye, 46, sued him for reconciliation.
The two got married in 2008 and they don’t have children. Dowry was not paid.
Chibuye told senior Matero local court justice Miyanda Banda that problems in their marriage started in March 2018 when Mwenya stopped sleeping home and that when she asked him, he told her that he admired people with children because he wanted to have children.
She said that on April 1, 2018 Mwenya left their matrimonial home.
‘’Mwenya doesn’t come to sleep home, I sued him so that I can know if our marriage has been dissolved,’’ Chibuye said.
In defence, Mwenya said that he left the matrimonial home four months ago because after he tested HIV positive and started medication, Chibuye denied him conjugal rights.
‘’I don’t want to reconcile with Chibuye because when I get very sick she can run away from me,’’ Mwenya said.
Asked by the court if she went for VCT after Mwenya tested HIV positive, Chibuye said she did not.
Passing judgement, the court said that when marrying, would-be couples should go for VCT and wondered why Chibuye did not go for VCT after Mwenya tested HIV positive because she could be the one who infected Mwenya.
The court said that Mwenya did not want to reconcile with Chibuye and that there was no marriage but cohabitation because dowry was not paid and dismissed the case.