Luthando Mapepa Chipinge Correspondent
A CHIPINGE woman (38) has filed $10 000 adultery damages against a nurse stationed at Mutema Clinic for having an affair with her husband.
The woman, Ida Kamuloni (Nee Chandomba) of House Number 4278 Medium-density, Chipinge, alleges that the nurse, Mugove Gumeyi, is having an affair with her husband, Try Kamuloni. The couple is married under the Marriage Act (Chapter 5:11).
The matter failed to kick-off last week after Gumeyi’s lawyer successfully applied for an adjournment to July 5 as his client was reported to be not feeling well.
Chipinge magistrate, Mr Poterai Gwezhira, presided over the matter.
According to the summons, Ida Kamuloni who is the plaintiff is claiming that Gumeyi destroyed her marriage by being in an adulterous affair with her husband. She claimed that Gumeyi and Try Kamuloni sired three children out of wedlock. Through her attorneys, Gwamanda Law Firm, Gumeyi (defendant) dismissed Ida Kamuloni’s claims and argued that she was married to Try Kamuloni under unregistered customary law. She further argued that before Ida Kamuloni had upgraded her customary marriage through a wedding, the defendant (Gumeyi) was already married to Try Kamuloni under customary law.
“This is denied because the defendant never committed adultery as alleged at all. Defendant has the right to enjoy conjugal rights with her customary law husband, together with other mutual obligations which flow from the marriage institution. In other words, both Ida and Gumeyi are both married to Try Kamuloni under a polygamous customary law marriage,” reads part of Gumeyi’s opposing affidavit.