Mercy Mbutwana Sunkutu v Reagan Bwalya Sunkutu (2024/HPF/D390) [2024] ZMHC 276 (23 October 2024)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY & CHILDREN'S COl:JRT DIVISION (Divorce Jurisdiction) a1JC OF 2Aa1 BETWEEN: ~~~~ cHu.. DREN'S D~B~ ~t-"'\\; JUOJ(;fARV . y- , ; Jli 2 3 : ~ . ~ m 'ISiolv . ·• ) gA~ ◄ MERCY MBUTWANA SU A AND U-REGlSTltY 3 P.o. sox 50067, i.o~~ J 2024/HPF/D390 PETITIONER REAGAN BWALYA SUNKUTU RESPONDENT Before the Honourable Mrs. Justice M. M. Bah-Matandala this 23rd October, 2024. For the Petitioner: For the Respondent: Mr. H . K. Mwila & Ms. G. Sangende Messrs. Kasiya Legal Practitioners. NI A JUDGMENT Legislation Referred To: 1. THE MARRIAGE ACT CHAPTER 50 OF THE LAWS OF ZAMBIA 2. THE MATRIMONIAL CAUSES ACT NO. 20 OF 2007 OF THE LAWS OF ZAMBIA 3. THE MATRIMONIAL CAUSES RULES 1977. 1.0 INTRODUCTION 1. 1 On 21 st June 2024, Mercy Mbutwana Sunkutu 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 Reagan Bwalya Sunkutu on the ground that the Petitioner and the Respondent had lived apart for a continuous period of at least two years immediately preceding the presentation of the Petition and that the Respondent consented to the dissolution of the marriage, by signing the Consent to the decree for dissolution of marriage on 4 th June 2024, wherein he stated that he also consented to the dissolution of marriage. The consent was filed into Court on 21 s t June 2024. 2.0 THE PETITION 2 . 1 The Petition showed that the parties were lawfully married on 14th April 2013 at Lusaka Civic Centre in the City and Province of Lusaka of the Republic of Zambia, pursuant to the Marriage Act Chapter 50 of the Laws of Zambia. 2.2 The Petitioner and the Respondent last lived together as husband and wife in Chainama Road, Lukanga, Kabwe . 2 .3 Both the Petitioner and Respondent are domiciled in Zambia. 2.4 The Petitioner is a Public Health Student at Chreso University in Lusaka whist the Respondent is a Business Man who runs Auto Spares Shops in Kabwe. -J2- 2.5 There are (02) children of the family born during the subsistence of the marriage namely: i Bwalya Sunkutu (female) bom on 26th January 2014 curently in grade 4 at Holy Family Convent in Kabwe. ii Thapelo Reagan Sunkutu (male) bom on 17th July 201 7 currently in grade 1 at Holy Family Convent in Kabwe. 2.6 There are no other children born to the Respondent during the subsistence of the marriage as far as it is known to the Petitioner. 2.7 That there were no proceedings continuing in any Court outside of Zambia in respect of the said marriage or which were capable of affecting its validity or subsistence. 2.8 That there had been no proceedings m any Court in Zambia or elsewhere with reference to the marriage between the Petitioner and Respondent or property of either or both of them. -J3- 2.9 No arrangement or agreement has been made between the Petitioner and the Respondent in relation to financial support and for settlement 2.10 The marriage has broken down irretrievably. 2.11 The Petitioner and the Respondent have lived apart for a continuous period of at least two (02) years immediately preceding the presentation of the Petition and the Respondent consents to a decree for dissolution. 2.12 The following is the particular of two years separation; i the Parties last lived as Husband and Wife in January 2020. 2.13 The Petitioner further prayed that; a) the marriage be dissolved b) that custody of the children of the family be granted to the Respondent with liberal access by the Petitioner. c) that the Petitioner be granted an Order for maintenance. d) that there be an Order for property settlement. e) that each party bears their own costs. -J4- 3.0 Consideration and decision 3 . 1 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 parties have lived apart for a continuous period of two years immediately preceding the filing of this Petition. 3.2 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 unless cause is shown why the same cannot be made absolute. 3.3 However, since this is an uncontested Petition, determined under the consent for decree nisi and there being no material before me to enable me ascertain the current arrangements with regards to the properties, I shall refer the said issue of property settlement and maintenance of to the learned Deputy Registrar for determination on formal application by either party, in default of agreement. -JS- 3.4 I hereby grant custody of the children to the Petitioner with reasonable access to the Respondent. 4.0 Each party shall bear their own costs. 5.0 I order accordingly. Dated at Lusaka, this 23rd October, 2024. -JG-