A Harare pensioner has been ordered to pay US$120 or its Zimbabwe-dollar equivalent every month towards the upkeep of his four minor children after his wife ap...
A Harare pensioner has been ordered to pay US$120 or its Zimbabwe-dollar equivalent every month towards the upkeep of his four minor children after his wife approached the civil court seeking maintenance.
The order was made by Harare Civil Court magistrate Ms Janemary Makonye following an application by Beauty Mumbai against her husband, Wonder Chiguvare. Mumbai had asked the court to order Chiguvare to pay US$550 per month towards the children’s upkeep.
The four children are aged 16, 12, 10 and three. Mumbai told the court that Chiguvare had neglected the family for a prolonged period, leaving her to meet household expenses on her own.
She further told the court that one of the children had dropped out of school because of financial difficulties. Her application therefore sought financial support towards the children’s needs.
Chiguvare opposed the amount being sought and offered to pay US$40 towards maintenance and school fees. He told the court that he could not afford a higher amount because he is a pensioner earning US$55 per month.
Chiguvare also told the court that he was suffering from an HIV-related illness. In his response, he alleged that he had contracted the virus from Mumbai and accused her of having undisclosed health issues and taking medication without informing him.
The allegations formed part of Chiguvare’s explanation of his personal circumstances and his ability to provide financial support. He also told the court that he was in the process of filing for divorce.
Chiguvare said that if he were physically fit, he would work to support his children. His position before the court was that his pension income and health circumstances limited his ability to meet the amount requested by Mumbai.
After considering the matter, Magistrate Makonye ordered Chiguvare to pay US$120 per month, or its Zimbabwe-dollar equivalent, towards the upkeep of the four children.
The maintenance order will remain in place until the children reach the age of 18 or become self-supporting, according to the court order.
The amount ordered by the court is significantly lower than the US$550 requested by Mumbai but higher than the US$40 Chiguvare had offered to pay towards maintenance and school fees.
In making the order, the magistrate said that despite Chiguvare’s personal circumstances, the children still needed to be cared for.
The case placed the financial needs of the four children against their father’s stated financial and health circumstances. Mumbai told the court that she had been carrying household expenses alone and that the financial difficulties had already affected one child’s schooling.
Chiguvare, meanwhile, told the court that he was a pensioner earning US$55 per month and that his health had affected his ability to work. He also said he would work to support his children if he were physically fit.
The court ultimately set the monthly maintenance at US$120 or its Zimbabwe-dollar equivalent. The payment is intended to contribute towards the upkeep of the four minor children.
The order covers all four children, who are aged 16, 12, 10 and three. It will continue until each child reaches 18 or becomes self-supporting.
The case also comes as the couple’s relationship is facing further uncertainty, with Chiguvare telling the court that he was in the process of filing for divorce.
The magistrate’s decision means Chiguvare remains financially responsible for contributing towards the children’s upkeep despite the personal circumstances he raised before the court.
The ruling brings the maintenance application to an interim financial outcome, with the four children set to receive US$120 or the equivalent in Zimbabwe dollars each month until they reach the specified age or become self-supporting.
The case highlights the court’s consideration of the children’s needs alongside the circumstances presented by the parent required to provide maintenance.
For Mumbai, the order provides a monthly maintenance contribution after she told the court that she had been meeting household expenses alone and that one child had dropped out of school because of financial challenges.
For Chiguvare, the order requires a monthly payment that is more than the US$40 he offered, despite his stated pension income of US$55 and health difficulties.
The court’s order is therefore based on a monthly maintenance amount of US$120 or its Zimbabwe-dollar equivalent, with the obligation continuing until the children turn 18 or become self-supporting.
