Policeman loses $10,000 adultery lawsuit

A BULAWAYO police officer has lost a $10,000 adultery claim against her husband's married lover, who is also a cop, after a magistrate ruled that her marriage allows her partner to be in a polygamous relationship.

Catherine Diba, of Tshabalala, dragged Emillia Kumbirai to the Civil Court seeking $5,000 for loss of consortium and $5,000 for hurt, insult and indignity inflicted upon her by the adultery.

Diba said she married Joel Hlome in 2002 under an unregistered customary union, and they had two children.

Diba told magistrate Victor Mpofu that Kumbirai, who is also married, was having a sexual relationship with Hlome, even though she knew that he was a married man.

"She's been in this relationship with my husband since January and I only found out about it in November. She has been reacting aggressively and is not showing any remorse," Diba said.

She also indicated that Kumbirai was legally married to another man.

Magistrate Mpofu told her that her adultery claim could not be sustained as under their marriage, her husband was free to have as many wives as he chose.

The magistrate added that at law, Kumbirai's husband is the one who has a right to sue Hlome for having a relationship with his wife because theirs was a registered marriage.

"I don't want you to waste your time and energy because you've an unregistered customary marriage which is potentially a polygamous union. Go swallow the pain and dissolve your marriage or go and get married to him, it's up to you," said the magistrate.