court

A 39-year-old woman of kitwe last week told the Buchi court that her husband has no moral right to divorce her after he allegedly infected her with HIV.

Testifying in a matter in which Evans Siwila 44 sued her for divorce; Emily Mwamba told the court that the one who infected her with HIV has the responsibility to look after her till her death.

Mwamba said she did not agree with Siwila when he asked the court to dissolve the couple’s marriage because it would be unfair for her relatives to start looking after a sick person h who has been infected by someone else.

She narrated that the biggest problem the couple has had from the time they tied the note in 2006 was that Siwila always told every little problem to his relatives.

Mwamba said Siwila received instructions from his sisters on how he should run his home or what course of action he needs to take whenever he had a difference with his wife.
She said Problems in the marriage had been compounded by Siwila’s acquisition of a house and that from his actions, she would tell that he wanted to be greedy and benefit from the house alone when they had been together all alone before he acquired it.

“So for me, I have refused to be divorce by this man because he infected me with HIV.
He has to look after me until I die. My relative cannot be given the responsibility of nursing an illness that they did not because she said.

Mwamba said she learnt about her HIV status a few years ago when she got pregnant.
She complained that Siwila and his relatives always accuse her of committing adultery.
But Siwila said he had decided to file for divorce because he can no longer lives under the same roof with a promiscuous woman.

He said Mwamba had boyfriends and that at one time he caught her with one of them chatting near his house after a tip off from one of his children.

Siwila said at one time Mwamba borrowed money from a shylock and left home for four months without his consent under the pretext that she had gone to buy fish.
He said he had on several occasions called for family meetings to complain about Mwamba’s behaviour but that there was no change on her part.

Siwila said recently when his sister visited their home. She found used condoms under the couch and that when confronted about it; Mwamba admitted her wrong and apologized to the family.

Buchi local court senior magistrate Elita Bwalya advised the couple to see if they could resolve their differences before judgment is passed on May 15 this year.

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