THE Ndola local court has refused to dissolve a 34-year-old marriage and referred the old couple to Church to get advice before seeking divorce from the court.
Magistrate Sarah Bwalya, who was sitting with magistrate Dismus Katampi and Rosemary Muke said the court had no power to dissolve the marriage of the two because their union was blessed by the church.
This was a case in which Stephen Diamini sued Mary Kapambwe for divorce having gone on separation for five years.
In their brief appearance in court during the week, Diamini and Kampabwe of Northrise made it clear that their marriage could not be reconciled, hence their decision to divorce.
Apparently, the two were married in 1981 and their vows were made at the local court under the customary law before being blessed by the Catholic Church.
Kampabwe told the court that she could not reconcile with her husband because he was going out with another woman whom he has a child with.
However, Diamini also denied having fathered a child with another woman, but admitted that the marriage had reached an irreconcilable stage.
But magistrate Bwalya told the couple that she could not allow the two to get divorced in the local court before the church allowed it.
“As a court there is nothing we can do. You need to go to church first and follow their procedure. After your marriage is dissolved by the church, that is when you can come back here,” she said.
The court has since adjourned the case to September 30, waiting for the advice from the church.
Times of Zambia