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Lethokuhle Moyo Court Reporter
A 37-year-old marriage which a Bulawayo magistrate refused to dissolve last month fearful that God could punish him for doing so, has finally ended after the husband failed to save it as he promised when opposing its dissolution. Magistrate Victor Mpofu postponed the matter during the couple’s initial appearance on March 23, saying every effort should be made to save the marriage.

The magistrate then referred Elsina Nyathi, 62, her husband Dennis Ndlovu, 67, for counselling.

Ndlovu and Nyathi have no children and the woman wanted the marriage to be dissolved saying her husband told her that he had found a younger woman who would bear him children.

She said Ndlovu said he wanted to have children and was now tired of staying with her and she had also recently discovered that he had sired a son who is now 24-years-old, with another woman.

Ndlovu denied the allegations saying he never wanted to be separated from his wife. He also said he did not want his marriage to be presided over by “young” people and would have the issue handled by a chief.

Magistrate Mpofu then said he was giving Ndlovu and Nyathi a chance to reconcile and ordered them to go for counselling.

On Monday, Nyathi was back for the hearing alone. She told the magistrate that Ndlovu did not bother to come to their homestead in Filabusi, to discuss the matter with their chief as he had proposed.

She asked the magistrate to dissolve the marriage and share their property as her husband had not shown any interest in saving it.

“Your Worship, since he shows no interest I’m asking that you grant the dissolution. I will go back home in Matobo and build another homestead. He has also said he will help me build it,” Nyathi said.

Magistrate Mpofu dissolved the marriage and shared their property.

He granted Nyathi a house in Magwegwe, 10 head of cattle, four donkeys, a scotch cart, a television set, three goats, chickens, a wardrobe and kitchen utensils while Ndlovu got the Filabusi homestead, two scotch carts, three donkeys, two goats, a bed, a stove, three cars and a plough.

Last month, magistrate Mpofu grappled with the idea of ending the 37-year-old marriage.

“UNkulunkulu engangitshaya ngoswazi sibili (God would punish me) if I agree to separate you. Do you know that God doesn’t like to see people divorce or separate? If you two are to separate after so many years of marriage, then what about us? What are we supposed to do?” asked magistrate Mpofu.

Nyathi said Ndlovu broke their marriage vow.

“Your Worship, we haven’t been living together for a long time. In 2012, he sent his relatives to tell me that he had found a younger woman and has already paid lobola for her because he wants to have children,” Nyathi said.

“He knew I couldn’t have children before we got married.

“He promised to stay with me at our rural home when he retires. Right now I want to go back to my parents’ homestead and build a house for myself because there’s nothing left in our union.”