Court grants divorce to Chapfika's wife

HARARE - The wife of former deputy Finance minister and Zanu PF Mutoko South Member of Parliament (MP) David Chapfika has won a divorce settlement in the High Court.

After a convoluted divorce battle, Abina Chapfika (nee Mutimusakwa) — his wife of over 32-years — won unlimited use of their motor vehicles, namely Toyota Vigo, Mercedes Benz C Class and Jeep Grand Cherokee, unlimited access to the couple’s farmhouse at Hurudza Farm and payment of maintenance for the pair’s child who is still attending university education.

Her estranged husband can still appeal the ruling.

The court granted her a five-year separation. She filed for divorce accusing the Zanu PF parliamentarian of adultery.

In her December 30, 2015 declaration, Abina told the court that the marriage between the two had irretrievably broken down.  She accused Chapfika of siring three children out of wedlock despite the couple having wed under the Marriage Act (Chapter 5:11).

According to Abina, she had also endured emotional, verbal and psychological abuse and harassment at the hands of the politician to such an extent that the marriage had resulted in her suffering stress and mental anguish.

“The marriage relationship between the parties has irretrievably broken down to the extent that there are no reasonable prospects of restoring same to a normal marriage relationship…

“The defendant (David) has improperly and immorally associated with other women to the extent of having extra-marital relationships, the last known of which resulted in him violating the Marriage Act by contracting a polygamous customary marriage with another woman, whose particulars are unknown to plaintiff,” Abina had told the court.

On July 5, High Court judge Loice Matanda-Moyo issued an order, officially separating the couple.

“In respect of the matrimonial action under case number HC12065/15, an order of judicial separation be and is hereby granted for a period of not more than five years with effect from the date of this order.

“The order of this court under case number HC1375/17  be and is hereby varied and amended as follows: the defendant (Chapfika) be and is hereby ordered to pay $2 000 to the plaintiff (Abina) as monthly monetary maintenance pendent lite under HC12065/15 with effect from August 14, 2018.

“The defendant be and is hereby ordered to pay pendent lite under HC12065/15 with effect from August 1, 2018 for the plaintiff, $100 CIMAS medical aid and structural routine maintenance of all properties,” Matanda-Moyo ruled.

In her declaration, Abina argued that she had lost love and affection for Chapfika.

“The defendant has treated with and/or subjected the plaintiff to emotional, verbal and psychological abuse and harassment resulting in stress, untold suffering and mental anguish, all of which the plaintiff finds incompatible with the continuation of a normal marriage relationship,” she said.

Comments (1)

dirvoce is not an achievement neither is it a solution

g40 - 26 July 2018

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