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Court Reporter
A retired soldier who deserted his family to live with his wife’s niece after getting US$21 766 terminal benefits will part with US$13 059 as maintenance for his wife and two minor children. Paying and pension officers in Harare Mukwati Building were cited as second and third respondents who were supposed to release 60 percent of retired soldier Difference Tandaira’s pension benefits.

Tandaira of 82 Mutondo Street, Mufakose Harare, was arraigned before a Chitungwiza Civil Court by his wife, Alice Tandaira, seeking 60 percent of his benefits.

Difference has been married to Alice for the past 20 years in terms of the Marriage Act Chapter 5:11 and their marriage still subsists.

However, after getting his terminal benefits, Difference deserted his family to live with his wife’s niece, Nyaradzo George, as husband and wife.

Alice was represented by her lawyer, Ms Gloria Zimbizi of Messers Mugiya & Macharaga Law Chambers.
In her papers filed in court, Alice said her husband abandoned his family and moved in with George.
“He stopped providing for his family with food and clothing or even school fees.

“It has been brought to my attention that respondent (Difference) has since processed his pension benefits and is due to receive his lump sum pension benefits,” read the papers.

Alice, through Ms Zimbizi, further told the court that if Difference had been a responsible father, it would not have been necessary for her to make the claim for lump sum maintenance.

In his opposing affidavit, Difference denied deserting his family.
“The applicant (Alice) is not being truthful, she is lying. I never deserted my family, and never stopped providing for them. When I retired in March this year, I relocated to the rural areas. The applicant was the first to go to the rural areas as I stayed behind processing my papers for my terminal benefits,” he said.

Alice refuted the claim on the grounds that Difference forced her to the rural areas so that he could have quality time with                              George.

After hearing arguments from both sides, magistrate Ms Marehwanazvo Gofa granted 60 percent to Alice and her two children.
Difference was offered US$8 706.