IN a rare maintenance case that stunned people at Mutare Civil Courts last month, a married Mutare woman applied for maintenance of her two-year-old child from her ex-boyfriend.
Franscisca Musundire, who is married and living with her husband, Tammy Mahara who is a money changer in Mutare Central Business District, revealed that she wanted her ex-boyfriend, Archbold Mukatshelwa, to take care of their two-year-old baby boy despite her being married to someone else.
The court heard that Musundire and Mukatshelwa had a relationship which resulted in the birth of the child when she was on separation with Mahara.
“I pray for Mukatshelwa to take care of our two-year-old baby. I am staying with my husband and sometimes it is difficult for him to take care of another man’s child.
“Sometimes he refuses to take care of the child especially now when he is not feeling well. I need money to buy medication and take the child to Harare for specialised medical attention and I cannot raise it anywhere,” she said.
Mukatshelwa was being represented by Mr Chris Ndlovu of Ndlovu and Gonese Legal Practitioners.
Through his lawyers, Mukatshelwa argued that Musundire should prove through DNA tests that the child she claims belongs to him is not Mahara’s.
He also argued that she should do that at her own expense.
“Musundire should prove at her own expense that the child does not belong to her husband, but to my client. That can only be done through DNA tests,” said Mr Ndlovu.
Mutare magistrate, Mr Lazarus Murendo, ruled that there was need for Musundire, Mahara and Mukatshelwa to undergo DNA tests to ascertain that the baby belongs to Mukatshelwa before granting the maintenance order.
— Maica Post