A MAGISTRATE has thrown out an application by an HIV positive woman who wanted her husband to be compelled to have sex with her.
The woman, from Domboshava just outside Harare, told magistrate Miriam Banda at the Harare Civil Courts on Tuesday that her husband had not had sex with her for six months.
“This is a violation of my rights,” the woman, who cannot be named for legal reasons, told the magistrate.
“He is not meeting my conjugal rights. When I married him, I did not choose to simply stay in his house eating sadza, but to enjoy sex with him.”
But the man told the court his wife had been unfaithful.
“She went for HIV tests and she was tested positive. She now engages in so many sexual activities with several men. Even our child once informed me of men who sometimes come to my house having sexual intercourse with her,” he claimed.
“She decided to chase away the child because he reported everything that she does.”
Magistrate Banda asked him if the couple still shared a bed to which he replied: “Yes, we share the same bed, but nothing further.”
He also denied his wife’s claims that he had abused her, charging: “I am not violent, neither am I abusing her in any way. She even comes home drunk and she hosts parties without my knowledge. How do you expect me to have sex with her?”
The magistrate said courts could not force married people to have sex and advised the couple to file for divorce if their marriage has broken down.