A WOMAN from Bulawayo tried to stop her estranged live-in boyfriend from marrying his new lover, saying he could be HIV positive.
Sanele Mabhena made an application to object to the wedding between Trust Boka and Nobukhosi Moyo
She told magistrate Marylin Mutshina that although she was neither customarily nor legally married to Boka the two had been staying together as husband and wife and had two children together.
“We lost our youngest child two years ago and he hasn’t finished paying for the medical expenses we incurred from the birth to the death of the child. Doctors said the child was exposed to HIV. Boka and his family chased me from their house after the death of my baby,” said Mabhena.
“We’ve a five-year-old child who doesn’t have a birth certificate. The child has since dropped out of school because of school fees arrears for two terms. He is also in arrears of the child’s maintenance.”
Mabhena, walking with the aid of crutches, said she became paralysed when she fell ill and Boka “asked his friend to inject her” with an unknown substance.
She said doctors discovered she was HIV positive as they attended to her. Responding, Boka said he was not HIV positive. He said he had tested negative eight times.
He told the court he had ended his cohabitation with Mabhena because she was always lying to him.
“She lied to me all the time and I couldn’t live with her. The issues she’s raising are very personal and hold no value to stop my wedding to Nobukhosi,” said Boka.
“I’m self employed and I’ve since enrolled with Midlands State University. This has strained me financially, that’s why I haven’t been able to pay for my child’s maintenance,” he added.
Magistrate Mutshina dismissed the application saying the allegations had no merit.
“This application is dismissed on the basis that the problems raised are personal. There’s no legal impediment to hinder the wedding from proceeding.
“The applicant was never married to the respondent even though they had children together.
“The objection would have been valid had there been an existing marriage between the two.”
Magistrate Mutshina proceeded to solemnise Boka and Moyo’s marriage.