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Alba Iulia
Tuesday, August 11, 2020

Abused wife’s bid to end marriage fails

Headlines Abused wife’s bid to end marriage fails

Court hammer

A WOMAN of Twapia in Ndola has narrated before the Ndola Main Local Court how her husband dragged her to a bush in Kasongo area in Luanshya and threatened to insert a screwdriver in her private parts after he accused her of having an affair with a tenant.
Angela Phiri, 25, sued her husband Joseph Chisala, 42, for divorce on grounds that he is violent and has been physically abusing her for years.
Phiri told senior local court presiding magistrate Oscar Kalaba, who was sitting with presiding magistrate Rosemary Muuke that apart from physically abusing her, Chisala was in a habit of stripping her naked in front of tenants and their children.
But Chisala, who is a retired soldier from Kalewa Barracks, objected to the divorce stating that he does not want to go through another divorce as his marriage to Phiri is his second and does not want the children to grow without fatherly love.
But Phiri insisted that she wanted a divorce as she was afraid Chisala would kill her due to his violent behaviour.
“I just want a divorce. Chisala beats me up and strips me naked before our tenants and children every time we differ. My first born child who is an elderly boy now has seen my nakedness,” Phiri said.
The couple of house No. 1402, Twapia township got married in 2009 and K100 was paid as bride price.
Phiri told the court that the couple has two children although Chisala got back the bride price in 2012 following a dispute which left Phiri injured.
She told the court that Chisala recently beat her and left her for dead and that she reported the matter to the police.
“He paid K100 as bride price but he claimed it back after my relatives questioned him why he was in the habit of battering me. Not too long ago, he beat me severely and ran away to his village in Chilubi Island and he only returned to Ndola a few days ago,” Phiri said.
But Chisala told the court that he is forced to beat Phiri as she is promiscuous and that she confessed to having an affair with one of the tenants.
He said Phiri was seeking divorce just because he had run out of money he received as pension when he retired from the military.
Chisala said Phiri does not wash his clothes and denies making love to him.
“She does not heed to what I want anymore. She bleaches her skin and dresses like a single woman. If I advise her against wearing trousers, she gets upset,” Chisala said.
In submission, Phiri pleaded with the court to order Chisala to keep away from her because he is obsessive and accuses her of being a prostitute.
And Chisala asked the court to order Phiri to return his car keys.
However, the court could not grant the two divorce as there was no marriage between them as Chisala got back the bride price.



    • @warrior
      This was a customary kind of marriage where it is only valid if bride price/lobola is paid. This kind of marriage is recognised in local courts. Without a bride price being paid no marriage exists.

  1. This is where the court has failed us, if the lady is killed, the court should take responsibility. The should help such women and we have seen many whose have been lost. The Ministry of Genderm the victim support you and the LAZ Women’s legal clinic should take this case back to the court and reprimand the presiding officer to be accountable

  2. What this court ruling means is that they wasted they time going to court as they can simply split where they are, since there is no marriage. Phiri can now go on to bleach herself, and Chisala can spend more time at Chilubi… The children – kaya.

  3. Henry and Warrior it seems you don’t understand what the judgement means. The court cant grant a divorce to people who are not married. The fact that he got back the bride price means they are no longer married already. You cannot divorce people who are already divorced.

  4. So why isn’t this guy being prosecuted for beating his wife if there is evidence. That is called assault.

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