The Zimba Urban Local Court has told a 25 year old woman of Zimba’s Kanyanga area that cohabiting and having children does not constitute a marriage under the legal system in Zambia.
Senior Local Court Magistrate Las-vegas Siachinji told Clara Simagamu that no matter how long she cohabitated but as long as the man did not pay bride price, theirs is no marriage.
This was in a case in which Clara sued her boyfriend Misheck Naluyate, 28, of Muzya village in Zimba district for divorce.
The Court heard that the two, who have been cohabiting for five years, have three children together, two girls and a boy.
The defendant, Misheck was not present in court to respond to the claim.
Clara, who insisted that they were married despite her boyfriend not paying dowry, told the court that the two started cohabiting in 2017.
She said in June last year, they broke off their relationship and started staying with her parents.
“Since we separated, he stopped supporting our children and that is the reason I had to relocate to my parents’ home,” she said.
Clara’s father Alfred Siazwiti, 52 submitted that Misheck eloped with her daughter and was charged K4, 800 for elopement.
Mr. Siazwiti said Misheck was charged to pay four cattle for marriage but apparently, has not paid anything for dowry to-date.
e however, told the court that he only got K200 part payment from Misheck for eloping with his child out of the total K4, 800.
He admitted that he is in custody of her daughter, Clara and three grandchildren.
Passing judgment, the court upheld the claim and advised Clara to get married to someone else since there was no marriage.
Magistrate Siachinji stated that no bride price was paid to Clara’s father therefore, she was a ‘free lady’ who could find another man to marry her.
“You (Clara) and your boyfriend were just cohabiting. Nothing was paid to the parents therefore, there was no marriage. You’re free to find another man of your choice to marry,” Magistrate Siachinji stated.