FINAL DIVORCE DECREE FOR THABILE MYENI

MBABANE – The failure by popular gospel artist Thabile Tebenguni Myeni to restore conjugal rights as per a court order has resulted in the issuance of a final decree of divorce between her and her husband.

 Mbabane Magistrate Sifiso Vilakati had ordered Myeni to restore conjugal rights within seven days after her husband, Sonnyboy Justice Tsabedze, who is a businessman instituted divorce proceedings on the basis of malicious desertion.

The final decree of divorce was issued by Magistrate Vilakati.

After the court had issued the order, the parties then presented a deed of settlement in terms of which they agreed that Myeni will keep their immovable property at Fairview and that she will have custody of the children but Tsabedze will have visitation rights.

In terms of maintenance, including school fees, they will both contribute towards the upkeep of their two children.

Myeni who is a police officer rose to fame while she was a member of popular gospel group, Ncwandweni Christ Ambassadors.

Property

Tsabedze of Mndobandoba and Myeni of Ncwandweni were married by Civil Rites and in community of property on February 15, 2003.  There are reportedly two children who were born of the marriage.

In his particulars of claim, Tsabedze who is a businessman alleged that the original marriage certificate was in the custody of his wife till to date.  

He narrated that during the subsistence of their marriage, they established their matrimonial home at his parental home at Mndobandoba- Big- Bend in the Lubombo Region.

According to Tsabedze, they also acquired an immovable property which forms part of their matrimonial assets, which is Plot No.1449. Extension 15 situated at Fairview.

He recounted that on December 2007, without good cause and with a fixed settled intention of permanently bringing the marriage relationship to an end, Myeni allegedly maliciously deserted him.  According to Tsabedze, the defendant (Myeni) left the matrimonial home at Mndobandoba and never returned.

“She has been staying at her parental home at Encandweni area in the Lubombo Region and at her place of employment since then. Over and above that, ever since then, she has unreasonably and unlawfully refused and/or failed the plaintiff conjugal rights,” submitted Tsabedze.

He went on to inform the court that he had been lonely for 12 years and he had tried engaging his wife towards convincing her to come back and in an endevour to protect and keep the marriage relationship running.

These are allegations contained in particulars of claim.

Neglected

“Nonetheless, the defendant has failed, refused and/or neglected to co-operate. She has also refused to make ends meet with the plaintiff’s faithful efforts,” reads part of Tsabedze’s particulars of claim. Tsabedze claimed that he saw it incumbent upon himself to enquire about his wife’s conduct and had on several occasions engaged the two families to discuss the matter.

“Nevertheless, the first defendant (Myeni) has shown no interest in reconciling the matter,” submitted the husband.

He averred that in an endevour to protect the marriage he sought counseling from a marriage officer but there were no fruitful results. The plaintiff contended that this was allegedly due to his wife’s unbecoming behaviour.

Tsabedze contended that he had neither expressly nor impliedly condoned his wife’s alleged malicious desertion.

“Due to her unbecoming conduct the marriage relationship between the parties has irretrievably broken down and there are no prospects of reconciliation between the parties,” submitted Tsabedze.

He told the court that by virtue of the fact that his claim was based on malicious desertion as a ground of divorce, he would first pray for a restoration of conjugal rights order failing which a final decree for divorce as an established practice and to take the court into confidence.

Tsabedze also wanted to be awarded the custody of their two children, that Myeni be granted visitation rights or reasonable access to the two children and that the matrimonial property in particular, Plot No.1449 situated at Extension 15, should be sold and its proceeds be shared equally between the parties.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: