FORMER Luveve-Cowdray Park Member of Parliament, Ntandoyenkosi Mlilo, has approached the High Court seeking the dissolution of his marriage to his wife of 11 years for allegedly denying him conjugal rights for more than 12 months.
The former legislator and his wife, Miriam Mlilo (nee Nerwande) wedded on April 29, 2005 under Chapter 5:11 of the Marriages Act.
The couple has been on separation since 2007.
Mlilo wants the custody of their two children aged seven and 16 years to be granted to his wife on condition that he gets access to them.
Mlilo, who is a self actor, filed an application for a decree of divorce at the Bulawayo High Court on December 11 citing irreconcilable differences with his wife.
In papers before the court, the former MP said his marriage had irretrievably broken down such that there were no prospects of restoring it.
“The parties were legally married to each other in terms of the Marriages Act (5:11) in Bulawayo on April 29, 2005 and the marriage still subsists. The marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects of restoration, more particularly in that the parties have developed irreconcilable differences, which go to the very root of the matrimonial contract and their relationship ,” said Mlilo.
He said they have not shared conjugal rights for 12 months.
“The plaintiff and defendant have not lived as husband and wife since December 2007 being a continuous period in excess of 12 months. The parties have not shared conjugal rights for a period in excess of 12 months and as a result I have lost love and affection for the defendant and do not wish to remain married to her,” he stated in his summons.
“It shall be in the best interests of the two minor children if the court orders that their custody upon divorce be awarded to the defendant subject to my right of reasonable access to them.”
During the subsistence of the marriage, the couple did not acquire any property.