A woman claiming that she is denied conjugal rights has asked the Lusaka Local Court to dissolve her marriage.
This is in a case in which Mary Mwanza, 23, of Chipata compound sued her husband, Michael Banda, 32, for divorce.
The two got married in 2014 and have no children.
Mwanza told Senior Court Magistrate Lewis Mumba sitting with Magistrate Pauline Newa at Matero Local Court that since she got married, her life has been miserable because Banda has been refusing to make love to her.
She told the court that Banda has also been refused to have his pubic hair shave as per tradition of a spouse undertaking the task, adding that her husband did not undress in her presence
Mwanza explained that Banda always slept with clothes on and would claim he was tired every time she wanted to make love with him.
She said she reported the matter to elders and Banda assured them that he would but to no avail.
Mwanza said because of her demands, Banda advised her to go into prostitution.
“I again took the matter to elders and he was given traditional medicine which he refused to take. He even started beating me whenever I pestered him to make love to me.
“It is now 13 months without making love. In short we have never made love since we got married,” Mwanza said.
In cross-examination, Mwanza said that they have never bathed together with Banda as married couples in love do.
In defence, Banda said it was Mwanza who refuses to make love.
He also said Mwanza refuses to laundry his clothes and that she spent most of her time at her parent’s home.
Banda further stated that Mwanza liked telling her parents lies about him and that at one time she threatened to stab him with a knife.
In submission, Mwanza said that she wanted a divorce because she was tired of being denied conjugal rights.
Banda on the other hand said he still loved Mwanza.
Passing judgment, Magistrate Mumba said the marriage was technically over because there were no conjugal rights and that Mwanza had been tortured for a long time.
He said that one year and one month was too long a time for the couple to live without enjoying conjugal rights. He granted the couple divorce without compensation.