adminKundainashe Chimbi
MAGISTRATE Ayanda Dhlamini has dismissed a Harare man’s downward maintenance variation application ass he had outstanding arrears.
Darlington Musapena was yesterday told by the Harare Civil Court not to violet the law and then make an application.
“You cannot approach the court with dirty hands,” she said.
Musapena approached the court seeking a downward variation in maintenance from US$250 to US$120.
He told the court that he has a bank loan and that the other children are no longer minors.
“All in all, the children were six, but the other three are now adults.
“I have a running loan being dedicated from my salary which I used to purchase a residential stand.
“My net salary ranges between US$450 and US$490, and the bank deducts US$201. I have two other children to take care of,” he said.
In response, Musapena’s former wife, Joyce Magobo, said the loan did not benefit the children in any way and he did not pay school fees and maintenance.
“The loan was meant for the stand, but I discovered he did not pay anything towards the stand.
“He bought property for the woman he is staying with.
“He was ordered to pay school fees, but he did not pay, including maintenance,” she said.
Musapena admitted that he did not pay maintenance and school fees and promised to pay.
“I did not pay, but I will pay,” he added.
Magistrate Dhlamini dismissed the case.
Online Reporter