Malawi courts to handle sex-withholding cases
Malawi courts will start hearing cases of sexual denial in marriage whereby husbands or wives, who have been victims of sex intimacy denial from their marriage homes will now have opportunity to seek legal remedies.
In Malawi sex-withholding is so widespread arising from family disputes.
A special law commission has recommended to government that victims of sex-refusal in marriage should seek legal redress.
Delivering a report by the Special law commission on technical review of Prevention of Domestic Violence Act (PDVA) , Chairperson of the commission, High Court Judge Ivy Kamanga said prior to enactment of PVDA, the only redress for victims of domestic violence was through the mechanism of criminal law especially offences provided for under the penal code.
Justice Kamanga said when she shared the findings and recommendations at Sunbird Capital in Lilongwe on Friday that the penal code was inadequate because criminal law as provided for under the penal code could only be invoked where domestic violence resulted into serious physical injury to the victim.
In the commission’s report, the definition of domestic violence has been reviewed.
The newly recommended definition of domestic violence has been devised as engaging of economic, emotional, financial, physical and sexual abuse.
“We feel that we have tried our best to ensure that the law which was there and was having some challenges in implementation has been simplified so that each and every person can use it to reduce on issues of domestic violence in our society,” said Kamanga.
Law experts argue that withholding sex in marriage relationship is “emotional abuse.”
“ Sex is the glue which holds a relationship/marriage together. It is supposed to be the one thing which separates a couple from just being friends or just being roommates.
“Denying one’s partner sex and sexual intimacy is abuse because it makes their partner feel unwanted, undesired, unworthy, unattractive, unhappy and unfulfilled,” observed one lawyer after reading the Law Commission report.
Sexless marriage truly sucks. The emotional abuse truly hurts.
The new report also recommend that a person can seek court redress if a partner is making persistent phone calls or following the wife or husband at working place.
Some of the members in the commission include; Mr Chrispine Sibande, Joseph Kazima from Ministry of Gender, Disability and child development, Ms Getrude Hiwa S.C, from Law Commission, Ms Fiona Kalemba from the Ministry of Justice, Tinyade Kachika from Civil Society.
The findings and recommendations will soon be presented to Minister of Justice and Constitutional Affairs Samuel Tembenu who, in turn, will present them to Cabinet for discussions and possible amendment law
Nyasa Times will give full details regarding the report on new recommendations in subsequent versions.
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What about a wife that gets impregnated by someone (outside marriage), gives birth, husband and wife raise the child and later through DNA test he discovers its not his?
Ndimafeteleza tikudyawa mkuthiranso ngati umuna okhathamila ngati kale? Mavuto tilimawo ndithu,naye gondolosi watha mnthengomu. Tingopewa kukwatila it’s not easy men! Kale timasya utukutu wachimanga nde umati ukakwela kamodzi mkazi amaumva kununkhila mphunomo umuna,akatero ndi timasiku ndithu asakukufunanso, lero ayi ndithi madzi awotabodi enieni. Boma litiganizele mwina kuyambisa uli wagondolosi kuti mabanja alimbe!
Penatu azimayiwa amakana pachiwone. Kulitu abambo oti akakadawira ndimpakana mbembembe. Mkazi kumakanika kuthirako madzi posamba kuli tsoo kuwawa.
am happy now bcoz domestic violence caused by sex denial will reduced
People should be taught what defines marriiage and what is in it ,ie,Terms and conditions governing such.It is only after such will people know they are entering a legal agreement that might come to bite them if conditions ain’t adhered to.
Legal remedy to an emotional and psychological issue???. Doubtful there will be fair resolutions. I have learnt from experience that sex is all about the mind. If it’s not in it then zimavuta. Also, COMMUNICATION!!! It’s important to be a friend to your partner so that it’s easy to discuss these things. But if there is just the husband/ wife situation without the friendship part then mavuto ndithu. If there’s enough communication on the onset and something changes along the way you can address it. But as someone already said… Kufera ma title and marrying for the wrong reasons or… Read more »
In as much as I feel inclined to the topic, may I also shade some lights on other fundamental issues that seem to be undermined but have a strong effect in the marital affair. Apparently a vast majority of people enter into marriage for all the selfish reasons. People need to know that a beautiful woman or a handsome guy is not necessarily those a perfect candidate for marriage material. Some people are women are just suitable for exclusively dating. I also feel that people tend to neglect the ultimate Motive for entering into the union. A daunting question how… Read more »
Izi ndiye zopoila khoti likhala chida chosokonezera mabanja komanso chozunzira azibambo.
Mkazi apelekere basi dats her responsibility kugona pansi akunyekhulira mwamuna ali pamwamba kkkkk
Muzikambirana zimenezi in an open court. Mkazi: ‘mwamunayu akhala akusandikwera chaka chonsechi’. Mwamuna: ‘akunama. Ndimamkwera daily’. Who will provide evidence to prove the one speaking the truth? Will there be evidence? Can our health delivery services provide evidence if there is consummation in a particular couple?