adminSukulwenkosi Dube Plumtree Correspondent
A PLUMTREE magistrate has ordered a man to pay $300 maintenance arrears of five months to his ex-wife for the upkeep of their child who has actually been under his custody over that period.
Magistrate Gideon Ruvetsa labelled Dingane Ngwenya, 33, foolish after he was tricked into paying maintenance to his ex-wife for a year despite the fact that he stayed with their minor daughter.
Ngwenya of Nxele in Bulilima had told the court that Sindiso Tshuma left their four-year-old child him in January last year, shortly after being granted a $60 monthly maintenance in October 2012. He only stopped paying after he losing his job in December last year, thus violating a previous court order. That did not stop Tshuma from suing him for defaulting maintenance for five months.
“A few months after appearing in court my ex-wife left our child with me. I have been paying maintenance yet the child has been living under my roof,” said Ngwenya.
“She told me that she would resolve the issue in court but has been converting the money I was paying to her own use as she was not doing anything for the child,” said Ngwenya.
He said Tshuma tricked him into believing that the court process was very long while urging him to be patient and remain paying to avoid getting arrested.
“When I lost my job I stopped paying and I did not bother to look for the money because our daughter has been staying with me for all this while,” he said.
In his response Ruvetsa lashed out at Ngwenya for being foolish.
“How could you allow her to dump the baby at your doorstep and remain quiet? You were the one who was supposed to come and tell the court that you were now living with your child so that you could stop paying maintenance,” he said.
“It was very foolish of you to take her word when she said she would come to the court. The bottom line is that you did not follow court orders that stated that you had to pay $60 a month, which makes you guilty.”
Ruvetsa ordered Ngwenya to clear his maintenance arrears amounting to $300 by August 30. In default he will spend three months in prison.
Online Reporter