Leroy Dzenga, Harare Bureau
A Mashava woman, accused of cohabiting with a married man about 75 metres from his matrimonial home, has been ordered to compensate the legally recognised wife for disturbing her marriage.
Mashava magistrate Bishard Chineka ordered Celia Mashegede of King Mine to pay Rumbidzai Zimuto $6 000 for the humiliation she suffered as a result of the adulterous affair.
Zimuto had demanded $10 000 saying the adulterous relationship had caused her humiliation and stress.
Mashegede was also ordered to cover the costs incurred by Zimuto in filing the case.
The court heard that late last year, the plaintiff’s husband Michael Simbe deserted his family and wife to move in with Mashegede.
Mashegede was said to have been seen performing marital duties for Simbe who had neglected his duties to his family.
The court also heard a recorded phone call in which a third party called Onias informed Mashegede that she was involved with a man legally married under the Marriage Act Chapter 5:11 solemnised on June 22, 2012 but the defendant showed no restraint.
The affair reportedly persisted to the detriment of the plaintiff who complained that since the commencement of the illicit union, her husband had not performed his conjugal duties to her.
Passing the verdict, Mr Chineka said the plaintiff had provided enough evidence suggesting that the relationship between Mashegede and Simbe was unusual.
“Also the claims by the defendant that she was not aware that the plaintiff was married are difficult to accept considering the social setting in a mining compound in which they stay.
“The defendant knew of the marriage and is therefore liable of adultery with the plaintiff’s husband,” Mr Chineka said.
It was further proven in the court that the affair is still subsisting and at times the defendant would lock the plaintiff’s home to spite her.
In her defence, Mashegede denied the affair with Simbe saying they interacted as co-tenants at their lodgings.