Ronald Mpofu [email protected]
A GWERU man has approached the High Court in Bulawayo seeking to dissolve his 19-year marriage after DNA tests allegedly revealed that the eldest of the couple’s four children was not his biological son.
Mr Aaron Makore filed divorce summons on September 30, citing his wife, Mrs Kumbirai Makore (nee Muchena), as the defendant.
Through his lawyer, Mr Joshua Nembaware of T Hara and Partners, Mr Makore is seeking a decree of divorce, custody of the minor children, an order governing his wife’s access to them and a division of the couple’s property.
In his court papers, Mr Makore alleges that the marriage has broken down irretrievably following the discovery that he had been led to believe for nearly two decades that the eldest child was his biological son.
The court papers state that Mrs Makore allegedly acknowledged that the child was conceived during an affair with her sister’s husband.
“The defendant deceived the plaintiff for a period of 19 years into believing that the firstborn son, who is now 20 years old, was his biological child. Plaintiff only came to know the truth after conducting DNA tests, which revealed that the child does not belong to the plaintiff,” the papers state.
The couple reportedly married under customary law in 2006 before formalising their union through a civil marriage on November 14, 2014, under the then Marriages Act (Chapter 5:11). Mr Makore said they have four children aged 20, 16, 12 and three years.
He further accuses his wife of altering the original agreement of sale for their Gweru house without his consent and alleges that she infected him with HIV. The court papers state that he is taking antiretroviral medication.
Mrs Makore has since entered appearance to defend the summons. However, she is yet to file her defendant’s plea.
Mr Makore also told the court that the couple had not shared conjugal rights for the past 12 months, citing the loss of love and affection between them.
During the marriage, the couple acquired a house in Gweru that is registered in the names of the husband, wife and their children.
Should the court grant the divorce, Mr Makore wants 80 percent of the proceeds from the property awarded to him and 20 percent to his wife.
He is also seeking custody of the minor children, with Mrs Makore granted access on alternate weekends and during school holidays.
In addition, the plaintiff wants the court to order his wife to pay US$30 per child per month towards their upkeep until they turn 18 or become self-supporting, whichever occurs first.
