Woman stops husband from paying maintenance

Cynthia Dube, Court Reporter
A WOMAN from Burnside suburb in Bulawayo who refused to have a paternity test done on her two children after her husband claimed to be sterile has discharged maintenance for one minor.

Ms Anacleta Tshuma (30) told Provincial Magistrate Mr Enias Magate that Davy Ndlovu (52) is not the father of her first born child.

In February this year, Ms Tshuma dragged Ndlovu to court seeking $340 for the upkeep of their two children aged seven and five years but the magistrate granted her $150 per month.

Yesterday, Ms Tshuma told Mr Magate that she wanted the money to be varied downward from $150 to $75.

“Your Worship, in February this year, the court ordered Ndlovu to pay $150 for our two children and fund the paternity test for those children. I have realised that it is pointless to do the paternity for our first born whilst I know that he is not the father,” she said.

“May this court discharge the share of my first born because Ndlovu is not the father.”

Ms Tshuma raged at a magistrate last month after he suggested the couple should take their children for a paternity test.

She demanded to know who would take care of her two children if they turned out not to be her husband’s.

“Are you going to assist me to look for the father of the children if he (Ndlovu) discovers that he is not the father? Is he going to change my children`s surname because they are using his surname? Who will take care of the children then?” she asked.

Mr Magate ordered Ndlovu to pay $75 for the upkeep of his child and go for paternity tests within six months.

Ms Tshuma was shocked in court last time when Ndlovu told the court that he had failed to have a child in the first 43 years of his life and ended up seeking medical attention outside the country.

Ndlovu said he was not the father of the couple’s two children and told the court that medical reports revealed that he was infertile. He offered $150 for the upkeep of the children, saying he would sue Ms Tshuma for the money if the children turned out not to be his.

In their initial appearance, Ndlovu said he knew the children were not his but he had taken care of them because of the love he has for his wife.

— @cynthiamthembo1