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Sukulwenkosi Dube-Matutu, Gwanda Correspondent
A GWANDA man, in a bid to evade paying maintenance, has dragged his ex-wife to court seeking custody of their two children aged two and five-years-old.
Mr Edmore Ndlovu was in August last year ordered to pay $30 in maintenance for both his children.
Mr Ndlovu told the court that he was not formally employed and was struggling to raise money for maintenance.
He begged the court to grant him custody of the two children who are staying with their mother, Ratidzo Moyo, so that he would not have to pay maintenance.
“I was married to Ratidzo Moyo and we separated in 2015. She is now staying in Jahunda Suburb in Gwanda with our two children aged two and five-years-old while I’m staying at my parents’ rural home in Guyu area.
“I’m finding it difficult to pay maintenance for my children as I’m not employed. However, if the children were under my custody it would be much better as the food that I will be able to get will be the same food that they will eat as compared to me paying $30 each month,” he said.
Mr Ndlovu said his five-year-old daughter is paying $45 per term at a school she is attending in Gwanda Town but the school close to his rural home is charging $15.
He said it would be cheaper for his daughter to be placed under his custody and attend a rural school.
Mr Ndlovu said his ex-wife was not taking proper care of their children as she was in the habit of leaving them locked up in the house at night while she went to sell her wares.
He said if he was granted custody of their children, they would be under the care of their paternal grandmother.
In response, Moyo said it was improper for her children to be taken away from her as she was the best person to look after them.
She denied ever leaving her children alone at home saying that whenever she wanted to sell her wares she left them at her sister’s house nearby.
Moyo said her ex-mother-in-law had also indicated that she was not willing to look after the children.
Presiding over the matter, Gwanda magistrate, Mr Obedience Matare, dismissed Mr Ndlovu’s application saying he was using it as an excuse to evade paying maintenance.
He said Mr Ndlovu had the right to access the children during school holidays upon arrangement and advised him to fend for his children as that was his obligation.
“The applicant is only making this application to avoid paying maintenance. It’s not proper to have children looked after by their grandparents while the parents are alive and well. Therefore the application for custody is dismissed.
“Mr Ndlovu you are expected to continue paying maintenance for your children and if you default that will be a criminal offence.
“The court was very lenient with you to order you to pay $30 maintenance for two children so you will have to find means of raising this money,” said Mr Matare. — @DubeMatutu
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