FORMER Ambassador to Italy, Frank Mutubila, has asked the High Court to amend his divorce petition against his wife Evelyn so that it is based on two years separation and not adultery.
According to an affidavit in support of notice of motion to adjourn, Mr Mutubila asked the court to amend his divorce petition from one based on unreasonable behaviour, to one based on two years separation with consent.
This means that Mr Mutubila wants to avoid trial in preference for a two-year separation from his wife to form the basis for their divorce.
Mr Mutubila has petitioned his wife of 15 years, Evelyn, for divorce alleging that she committed adultery and became pregnant.
He said he is engaging his wife, through his lawyer, to seek her consent regarding amending the petition to be based on the issue of separation.
And according to court records, Mr Mutubila, through his lawyers, requested his wife to consent to the proposal of amending the petition because their case was coming up for hearing with witnesses due to testify.
Mr Mutubila said through his lawyers that a trial would attract unwanted attention and publicity to both parties, hence he is willing to withdraw the petition currently before the court and replace it with one based on two years separation.
He further said that he would share money derived from their property equally with his wife as he is not in employment and that he requires the money from the said property for his personal upkeep.
“In that regard, it is proposed that the property remains on rent until such time as the parties have reached agreement as regards property settlement,” part of Mr Mutibila’s email to his wife, which is on court record, reads.
High Court judge Fulgence Chisanga granted the application for adjournment and deferred the case to May 18, next year.