‘Kachasu’ drinking man divorced for cruelty

Lusaka High Court

A 35-YEAR-OLD woman has decided to end her marriage in a Lusaka Local Court because her husband is cruel and heavily drinks the illicit ‘Kachasu’ beer.

This is a case in which Clara Nalishuwa of Kanyama compound sued her husband, Sitwala Mukela, 43, for divorce.
The two got married in 2000 and have one child.
Nalishuwa told Senior Court Magistrate Ackim Phiri sitting with Magistrates Sarah Nyendwa and Daniel Phiri at Kanyama Local Court that all was well until 2010 when they built a house and Mukela started drinking the illicit Kachasu beer.
She explained that Mukela beat her and that when she returned home from work he would tell her to go back, accusing her of flirting with her boss.
Nalishuwa further told the court that her husband often told her to leave him alone because the house belonged to him. He would then squeeze her neck.
“Mukela makes a blanket boundary wall to avoid body contacts when we are sleeping and we haven’t made love for two months. He takes his clothes to his sister for laundry and says I am dirty,” said Nalishuwa.
Nalishuwa produced a medical report in court as evidence for Mukela’s beatings.
She said that they sat several times but Mukela has failed to change, adding that he claimed that she wanted to kill him so that she could inherit the house.
In defence, Mukela said that problems started in 2012 when Nalishuwa travelled to Palabana for a funeral and only returned after six months.
He explained that efforts to establish her whereabouts from her relatives yielded nothing and was surprised to receive summons in which she claimed that I had chased her from the matrimonial home.
Mukela said Nalishuwa refused to make love to him and that they had not been speaking to each other for some time.
In submission, Mukela said that he still loved Nalishuwa and went to
kneel before her for forgiveness when the court asked him to do so but Nalishuwa refused to accept his apology.
Magistrate Ackim Phiri said the court could not force the two to stay together and granted the couple divorce.
The court ordered Mukela to compensate Nalishuwa with K5000 with initial payment of K500 followed by monthly installments of K300 and to be paying child maintenance fee of K250 per month. Property acquired together to be shared equally.