Man divorced in absentia
Published: 2013 November 28 14:07:58 (4965 Views)
A 41-year-old Bulawayo man abandoned his family five years ago and the wife has successfully applied for a divorce and $200 maintenance for each of the child per month in his absence.
Mr. Lungelo Hadebe of Pumula South went AWOL in 2008, deserting his wife, Mrs. Aquilla Hadebe (40) and his two children. The couple had two daughters who now aged 21 and nine years.
Although his whereabouts have been unknown since then, he is believed to have gone to South Africa in search of employment.
Mr. Hadebe’s desertion has forced his spouse to approach the High Court seeking a divorce order on the grounds that her husband deserted his family and was convinced that their marriage has irretrievably broken down.
The couple got married on 14 August 1998.
After unsuccessfully trying to serve divorce papers on her husband, Mrs. Hadebe applied to the courts to have the summons publicised in a South African paper. The notice was duly published in The Sowetan on 25 September this year.
There was no response from Mr. Hadebe after the publication of the notice.
In papers submitted on her behalf by lawyer Miss Muchaneta Mundopa from Legal Resources Foundation, Mrs. Hadebe submitted that there were no prospects of restoration of the marriage.
She added that she has been taking care of the two children alone and demanded $400 per month for each of them in maintenance.
Justice Martin Makonese yesterday queried how Mr. Hadebe would pay $800 per month for the two children.
Miss Mundopa said indications were that Mr. Hadebe was working as an engineer in South Africa and had not objected to the application. She told the court that the summons were served through Mr. Hadebe’s cousin Ms Siphilisiwe Tshuma who said he had gone to South Africa but could not give more details about his whereabouts.
Justice Makonese reduced the alimony to $200 per month for each child. He granted the divorce in terms of the draft by Mrs. Hadebe-that the house number 20329 Pumula South should be given to the two children while the couple shares movable property.
The property comprises mostly household goods.
Mrs. Hadebe was granted full custody of the children and right over immovable property until she remarries.
- Zim Metro
Mr. Lungelo Hadebe of Pumula South went AWOL in 2008, deserting his wife, Mrs. Aquilla Hadebe (40) and his two children. The couple had two daughters who now aged 21 and nine years.
Although his whereabouts have been unknown since then, he is believed to have gone to South Africa in search of employment.
Mr. Hadebe’s desertion has forced his spouse to approach the High Court seeking a divorce order on the grounds that her husband deserted his family and was convinced that their marriage has irretrievably broken down.
The couple got married on 14 August 1998.
After unsuccessfully trying to serve divorce papers on her husband, Mrs. Hadebe applied to the courts to have the summons publicised in a South African paper. The notice was duly published in The Sowetan on 25 September this year.
There was no response from Mr. Hadebe after the publication of the notice.
In papers submitted on her behalf by lawyer Miss Muchaneta Mundopa from Legal Resources Foundation, Mrs. Hadebe submitted that there were no prospects of restoration of the marriage.
She added that she has been taking care of the two children alone and demanded $400 per month for each of them in maintenance.
Justice Martin Makonese yesterday queried how Mr. Hadebe would pay $800 per month for the two children.
Miss Mundopa said indications were that Mr. Hadebe was working as an engineer in South Africa and had not objected to the application. She told the court that the summons were served through Mr. Hadebe’s cousin Ms Siphilisiwe Tshuma who said he had gone to South Africa but could not give more details about his whereabouts.
Justice Makonese reduced the alimony to $200 per month for each child. He granted the divorce in terms of the draft by Mrs. Hadebe-that the house number 20329 Pumula South should be given to the two children while the couple shares movable property.
The property comprises mostly household goods.
Mrs. Hadebe was granted full custody of the children and right over immovable property until she remarries.
- Zim Metro
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