New face of maintenance

Tendai Gukutikwa
MAINTENANCE claims have suddenly taken a dramatic turn with lawfully wedded wives dragging their husbands to the civil courts, claiming maintenance. The law traditionally advises women to take legal action against men neglecting their families. The maintenance claim is expected to cover the needs of children and the woman if the couple is lawfully wedded.

One such case is that of Grace Murakata Tapiwa who was claiming maintenance from her husband, Oscar Tapiwa, at the Mutare Civil Courts recently. Appearing before Mutare magistrate Mr Langton Mukwengi, Murakata described her husband as an irresponsible man who was evading his responsibilities as both a husband and father.

Tapiwa, who is employed by the Zimbabwe National Army, tried to defend himself and evade the $100 maintenance and told the court that he could only afford to pay $25 for his family as he was also taking care of his extended family. $40 maintenance had been granted until the wife mentioned to the court that they were lawfully married.

The wife produced their marriage certificate which led to the court granting her $80 as maintenance, $50 for the child and $30 for the mother. It is the duty of the male counterparts in our traditional African culture to be the breadwinners in family set-ups and they take pride in that responsibility. African societies are patriarchal and women and children look up to the father for protection physically, financially and otherwise, which is why at most times fathers neglecting their duties are dragged to court for maintenance.

Mutare magistrate, Mrs Sharon Chipanga, has made it a habit to inform women who come to claim maintenance that if the husband does not pay by the stipulated date they should report before the arrears accrue into a much larger debt.

“If the husband does not pay, you come back to the court and report him. The court will issue a warrant of arrest and the man will be arrested. Do not wait for the debt to continue ballooning because he will not be able to settle it,” said Mrs Chipanga .

Another magistrate, Mrs Sekai Chiundura, who at most times presides over cases of men who fail to pay maintenances at the Mutare Magistrates’ Court, said men should pay the prescribed maintenance amount by the suggested date and not ignore their obligation.

“Maintenance takes precedence over anything else. You risk going to jail by not following court orders,” Mrs Chiundura told John Chitauro who had maintenance arrears which had accrued to $1 600 last month.