WEDDINGS: Profiteering from straying?

14 Feb, 2016 - 00:02 0 Views
WEDDINGS: Profiteering from straying?

The Sunday Mail

Tendai Mbirimi

The way in which some people treasure civil marriage more than customary unions leaves one wondering whether the need to safeguard the sanctity of marriage through true love and affection has been overtaken by the marriage contract itself.

Like a story, a marriage has a beginning and an ending, although the endings differ. Marital unions face a myriad of challenges but almost everyone wish for death to be the decider.

At most weddings, if not all, vows are never complete without the phrase “until death do us apart”.

However, this has not been the case. Most marriages are ending prematurely not by death, but due to other issues such as infidelity and conflict of roles at home.

Recently, the media was awash with the news of an adultery case between Georgina Njodzi as plaintiff and Lorraine Matione as defendant. Mrs Njodzi was suing Matione for adultery damages after her matrimonial husband as per Chapter 5:11 allegedly sired a child with the latter.

With reference to this case, a number of questions arise. Who has the responsibility to safeguard and maintain the sanctity of marriage?

Is it the law, the couple or the third party?

Why should the breach of the marriage contract enunciated as per chapter 5:11 be addressed by a third party who did not bind himself or herself to the terms of the contract of this civil marriage?

When damages are pressed on the third party, is there no element of profiteering if the straying partner is a habitual adulterer who will indirectly benefit from his or her own wrong doing?

The concept of adultery damages is archaic and not justifiable.

In most adulterous unions, when the cheats are caught, only the third party is punished while the married cheating partner is by law not held liable.

On the issue of profiteering, Mr Alex Majachani, a legal practitioner noted that the law has not been astute enough to stop the cheating partner from benefiting when adultery damages are finally paid.

“When adultery damages are laid, surprisingly not even a shred of responsibility is placed by law on the parties to the marriage, yet the actions of these parties are the lifeblood of the marriage.

“In any case, if the adulterous spouse is still staying with his or her spouse and such damages are awarded, there is a high possibility that he or she may benefit from his or her wrongs,” said Majachani.

“However, it is also worth noting that even where damages are awarded, there is no law that compels the straying partner to go back to his or her spouse. The court is only concerned with whether damages are due or not,” pointed out Majachani.

Although the law is the law and what it says is what prevails, marital unions must be premised on real love and affection rather than on legislation. From the onset of a matrimonial union, it is the duty of both the husband and wife to safeguard the marriage through love.

That is the only way to ensure that marriage does not exist on paper only.

Most people, particularly those who hold public office end up enduring a dysfunctional marriage as a way of protecting their public images.

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