News / Regional
Mistress ordered to pay $2,500 adultery damages
16 Jan 2015 at 08:51hrs | Views
A GWANDA magistrate has ordered a woman who committed adultery with the Vumbachikwe Mine Human Resources officer to pay $2,500 adultery damages to the man's wife.
Magistrate Arafat Kozanai ruled that Sikhohlisiwe Ndlovu, a Vumbachikwe Mine employee, should pay Thema Ndiweni, a teacher at Jahunda Primary School, for engaging in an adulterous relationship with the woman's husband, Christopher Ndiweni.
In his ruling, Kozanai said Thema suffered a lot of pain and humiliation following the affair.
Ndiweni, who is also a senior member of the Roman Catholic Church in Gwanda, had claimed $8,000 for the pain and humiliation she suffered in her marriage following Ndlovu's adulterous relationship with her husband.
The Ndiwenis are legally married under the Marriage Act 5:11 which makes it illegal for any of them to engage in extra marital affairs or to marry or re-marry while the marriage subsists.
Kozanai said there was no doubt that Ndlovu committed adultery and her defence that Thema condoned the relationship and that she was not aware the Ndiwenis were legally married, did not hold water. "Plaintiff's husband averred that he at some time went to live with defendant who was now cooking and washing clothes for him. Clearly, this shows that the plaintiff was deprived of love, comfort and company that a spouse is entitled to.
"The plaintiff endured pain and suffering as she became a victim of assaults by her husband whenever she enquired about the illicit relationship. The children weren't spared from the traumatic experiences either. Evidence by one of the children showed the pain that she endured and naturally this weighed in on plaintiff as the mother.
"The plaintiff has succeeded on her claim for adultery damages, however, the amount she is demanding is too high due to the fact that the marriage hasn't irretrievably broken down as it still subsists," said Kozanai in his ruling.
Christopher told the court that both Thema and Ndlovu were his wives.
He said he had also fathered a child with Ndlovu in their adulterous relationship.
Christopher even expressed willingness to divorce Thema saying that they were no longer happy together.
On December 18, 2013, Christopher was issued a protection order which stipulated that he should not assault, threaten, harass and insult Thema.
In her claims through her lawyer, Lozithelo Mpofu of R. Ndlovu and Company, Thema stated that she discovered that Ndlovu had a love affair with her husband in 2010.
She said she confronted her but Ndlovu denied the existence of the relationship.
Magistrate Arafat Kozanai ruled that Sikhohlisiwe Ndlovu, a Vumbachikwe Mine employee, should pay Thema Ndiweni, a teacher at Jahunda Primary School, for engaging in an adulterous relationship with the woman's husband, Christopher Ndiweni.
In his ruling, Kozanai said Thema suffered a lot of pain and humiliation following the affair.
Ndiweni, who is also a senior member of the Roman Catholic Church in Gwanda, had claimed $8,000 for the pain and humiliation she suffered in her marriage following Ndlovu's adulterous relationship with her husband.
The Ndiwenis are legally married under the Marriage Act 5:11 which makes it illegal for any of them to engage in extra marital affairs or to marry or re-marry while the marriage subsists.
Kozanai said there was no doubt that Ndlovu committed adultery and her defence that Thema condoned the relationship and that she was not aware the Ndiwenis were legally married, did not hold water. "Plaintiff's husband averred that he at some time went to live with defendant who was now cooking and washing clothes for him. Clearly, this shows that the plaintiff was deprived of love, comfort and company that a spouse is entitled to.
"The plaintiff endured pain and suffering as she became a victim of assaults by her husband whenever she enquired about the illicit relationship. The children weren't spared from the traumatic experiences either. Evidence by one of the children showed the pain that she endured and naturally this weighed in on plaintiff as the mother.
"The plaintiff has succeeded on her claim for adultery damages, however, the amount she is demanding is too high due to the fact that the marriage hasn't irretrievably broken down as it still subsists," said Kozanai in his ruling.
Christopher told the court that both Thema and Ndlovu were his wives.
He said he had also fathered a child with Ndlovu in their adulterous relationship.
Christopher even expressed willingness to divorce Thema saying that they were no longer happy together.
On December 18, 2013, Christopher was issued a protection order which stipulated that he should not assault, threaten, harass and insult Thema.
In her claims through her lawyer, Lozithelo Mpofu of R. Ndlovu and Company, Thema stated that she discovered that Ndlovu had a love affair with her husband in 2010.
She said she confronted her but Ndlovu denied the existence of the relationship.
Source - chronicle
