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Sulumani Chimbetu’s ex-wife, Marigold Mutemasango, yesterday dragged the Dendera musician to the civil court over maintenance of their two minor children two days after his wedding to Linda.
In her submissions, through her lawyer Melusi Moyo, Marigold said Sulu is failing or neglecting to take care the two children despite having a legal obligation to do so.
“The respondent (Sulu) has offered $100 for the two kids to cater for accommodation, food, school fees and medical expenses among other things. He has not been candid with the court to disclose his income but still expects the court to believe him when he says $100 is sufficient,” submitted Marigold.
She further said Sulu says he has a family, but refuses to state how much he spends on them.
“His new wife is employed and he is not the only on who takes care of their family, but is trying to imply that he is, just to run away from his obligation to maintain the two minor children in question”.
Marigold also argued that Sulu does not have a legal obligation to take care of his extended family and his children have a right to enjoy the standards of living commensurate to their father’s income.
“The applicant is staying with her father and the two minors and respondent must be able to provide for the children’s accommodation since he is a well- known musician who has the means to provide them with decent accommodation.
“There are school fees arrears at the children’s school which is a clear indication that he has not been taking care of them,” submitted Marigold. She also claimed that Sulu was withholding his financial records from her.
“In 2012 the courts once granted an order for $1000 maintenance for both kids at a time when they were not in school and their needs were not as compelling as they are today, but today he has the guts to offer $100. This offer is not being made in good faith,” she said.
Marigold said Sulu must find her and the two minors’ decent accommodation in medium to low density areas to match where he stays with his other children. In her initial founding affidavit, Marigold claimed $3200 for both children before downsizing the amount to $1500 in her oral submissions. However, Suluman, through his lawyer, Violet Dzingirai, submitted that the $100 will be enough for the minors.
Added to the amount, he offered to settle the school fees arrears, pay the school fees of $300 per term for both children, put them on his medical aid, and buy them clothes, groceries and toiletries among other things. He submitted that his wife is paying for his accommodation as she is working as a data capturer.
Sulu said the 2012 order which Marigold referred to was appealed against when he asked for a downward variation from $100 to $170 for both children and the order was granted in 2013.
He submitted that Marigold then approached the courts to withdraw the order of $170 citing that it was not enough to take of the children and proposed an out-of court settlement in which they agreed that Sulu would assist her in any way either in cash or otherwise to avoid a situation that would see them in court again.
“The responded survives on music business and contrary to popular belief, his music business is not flourishing and he is struggling to make ends meet,” submitted Sulu. The matter was post poned to Thursday December 8.
Source-H Metro
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