Mrs Charity Biti (nee Maguwah), through her lawyers Mawere & Sibanda Commercial Lawyers, issued summons for divorce claiming maintenance for the couple’s only minor child. The couple had their marriage solemnised in 2007 under Marriage Act (Chapter 5:11). Part of the plaintiff’s declaration reads:
“Plaintiff avers that the marriage between the parties has irretrievably broken down to such an extent that there is no reasonable prospect of restoration of a normal marriage relationship between them in that:
“a) The parties have lost love and affection for each other,
(b) The plaintiff and defendant are no longer compatible,
(c) The plaintiff and defendant have not lived as wife and husband since August 2014.”
Mrs Biti is claiming custody of the 12-year-old son proposing that the politician should be granted limited access to the child. She intends to relocate to the United States next month, together with the child.
“It is in the best interest of the minor child that the defendant exercises reasonable access in the following manner:
“a) For two thirds of each of the US’ summer holidays,
(b) On alternate Christmas and Easter holidays,
(c) At all other times which may be agreed to mutually between the plaintiff and defendant until the child becomes 18-years-old or becomes self-supporting whichever occurs first.”
Mrs Biti wants the politician to pay the child’s school fees, to buy uniforms and to cater for all the boy’s other living expenses, including accommodation, food and clothing. She wants him tpay the child’s medical insurance and travel expenses whenever he wants to see the child. Mrs Biti is seeking to be awarded an immovable property at Stand Number 14 Coltman Road, Mount Pleasant in Harare measuring 4 048 square metres.
She also wants the court to award her a black Mercedes Benz S350 (ADY 5606) and household property at the family’s Umwinsdale home. Mrs Biti seeks an order to have the couple’s 6 831 square metre plot in Umwinsdale sold for the parties to share the proceeds equally.
In a her declaration, Mrs Biti considered that when she married her husband, he had already acquired other immovable properties, hence she proposed that he be awarded more immovable properties including:
a) Number 2 Poland Way, Glen Lorne, Harare (4 000 square metres),
(b) Number 7 Bernard Avenue, Chisipite (4 114 square metres),
(c) Number 26 Rowland Square, Milton Park (2 762 square metres), (d) Tsoko Lodge, Number 1 Shato Close, Juliasdale and (e) Murehwa homestead and pig farm.
Mrs Biti also proposed that her husband be given a Toyota Land Cruiser (ADI 2870), a white Ford Ranger (ADL 1761), Mercedes Benz E300 (ADA 7481) and a Mercedes Benz E280 (ACY 5148). She also offered Mr Biti household goods at Tsoko Lodge and some items at the couple’s Umwinsdale home. Mr Biti is yet to respond to the summons.