Hope Gladys Thailashi v Chitalu Simbaya (2024/HPF/D033) [2024] ZMHC 273 (15 April 2024)

-J-1 ,.. IN THE HIGH COURT OF ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY & CHILDREN'S COURT DIVISION (Divorce Jurisdiction} BETWEEN: 2024 / HPF / D033 HOPE GLADYS THAILASHI PETITIONER AND CHITALU SIMBAYA RESPONDENT BEFORE HONOURABLE LADY JUSTICE MWAMBA CHANDA THIS 15TH DAY OF APRIL, 2024 APPEARANCES: For the Petitioner Messrs H. M Munsanje & Co For the Respondent In person JUDGMENT LEGISLATION REFERRED TO: 1. THE MATRIMONIAL CAUSES ACT NO. 20 OF 2007 OF THE LAWS OF ZAMBIA 2. THE MATRIMONIAL CAUSES RULES 1973 On 24th January, 2024 Hope Gladys Thailashi the petitioner herein filed a divorce petition pursuant to Section 8 and 9(1) (d) of the Matrimonial Causes Act No. 20 of 2007 of the Laws of Zambia against the respondent Chitalu Simbaya. The petition was premised on the ground that the parties had lived apart for a continuous period of at least two years immediately preceding the presentation of the -J-2 petition and that the respondent consented to the decree being granted. The petition showed that the parties were lawfully married on 27th March, 2010 at Civic Centre in the City and Province of Lusaka in the Republic of Zambia. The petitioner stated that they last lived together as husband and wife at Plot No. 1090, Kabangwe in Chibombo and were both domiciled in Zambia. That the petitioner was a Banker whilst the respondent was an Accountant. That there were two children born during the subsistence of the marriage namely:- 1. Alinani Tony Simbaya born on 7 th January, 2012 . 2. Jeremiah Simbaya born on 29th March, 2018. That no other child had been born to the petitioner or respondent during the subsistence of the marriage so far as was known to the petitioner. That there had been no previous proceedings in any Court in Zambia or elsewhere with reference to the marriage between the petitioner and the respondent with reference to any property of either of them. -J-3 That there had been no application under any law for the support or maintenance in respect of the children of the family. That there were no previous proceedings continuing in any Country outside Zambia which relate to the marriage or were capable of affecting its validity or subsistence. The petitioner implored the Court to dissolve their marriage on account that the parties had lived apart for two years since 11 th April, 2021. The petitioner further prayed to be granted custody of the child of the family and each party to bears its own costs. The respondent did not file an Answer to the petition but signed a consent to have the divorce granted. On application by the petitioner the matter was entered on the special procedure list on 11 th April, 2024 pursuant to Rule 33(3) (ii) of the Matrimonial Causes Rules 1973. Upon considering the petition herein, and the respondent having consented to the dissolution of the marriage, this Court is satisfied that the petitioner has sufficiently proved that the parties have lived apart for a continuous period of two years immediately preceding the filing of this petition. In light of the foregoing, it is hereby adjudged that the marriage between the parties herein has broken down irretrievably. The petitioner is granted a decree nisi which shall become absolute after the prescribed statutory period of six weeks. -J-4 The petitioner shall have custody of the children of the family. Each party to bear their own costs. I order accordingly. Dated at Lusaka this 15th day of April, 2024 . -. : o(',~ u P,.l' ,.,. ~~~ .~,. ...... C ~;~-· . \ ')t\ o·~ i"' ... ~ \ I .>' ,, .. ~t: ~\. O Mwamba Chan JUDGE P. O. B