By PERPETUAL SICHIKWENKWE –

THE Lusaka High Court has dismissed a divorce petition from a Lusaka man who claimed that his marriage had irretrievably broken down, while he continued having sex with his estranged wife.
Judge Florence Lengalenga said she could not grant divorce to Martin Matafeni who claimed his marriage to his wife Bethsheba had failed but continued having sex with her and in the process impregnated her but shamelessly refused to accept responsibility.
Ms Justice Lengalenga said since Matafeni was man enough to have sex with his wife, he must also be man enough to accept the responsibility of impregnating her.
She said only cruel, callous and coward men behaved in the shameful manner Matafeni had behaved.
Ms Justice Lengalenga said in her judgment that after considering all the evidence adduced, she found that Matafeni had failed to prove to the court that his marriage to his wife had irretrievably broken down.
“Therefore, on that basis I am reluctant and I decline to hold otherwise. I accordingly, dismiss the petition for lacking merit and I order that the petitioner bears the costs of this petition,” Ms Justice Lengalenga said.
Matafeni had petitioned the High Court to dissolve his marriage with Bethsheba claiming that it had irretrievably broken down because his wife had an adulterous behaviour.
He also accused his wife of denying him conjugal rights for nine months.
The couple got married on June 8, 2009 and lived together as wife and husband at house number 1287 new Chilenje Township in Lusaka.
Ms Justice Lengalenga observed in her judgment that although Matafeni relied on particulars of unreasonable behaviour to support the ground that the marriage had irretrievably broken down and that of his wife having an adulterous behaviour, he failed to prove the allegations to the court.
She was not satisfied that Matafeni and his wife were not having sex and that their marriage had irretrievably broken down because the wife was pregnant and Matafeni later confirmed to the court that he had been having sex with Bethsheba.
“The petitioner cannot have his cake and eat, that is, claim that the marriage has irretrievably broken down and continue to have sex with his wife and impregnated her and shamelessly refuse to accept responsibility of the pregnancy,” Ms justice Lengalenga said.