A MAGISTRATE has thrown out an application by an HIV positive woman who wanted her husband to be compelled to have s**x 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 s**X 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 s**x 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 s**xual activities with several men.
Even our child once informed me of men who sometimes come to my house having s**xual 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 s**x with her?”
The magistrate said courts could not force married people to have s**x and advised the couple to file for divorce if their marriage has broken down.
