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Lethokuhle Moyo Court Reporter
A BULAWAYO magistrate yesterday turned down an application for a protection order by a man who wanted to end his marriage to his wife of 13 years.

Magistrate Evelyn Mashavakure dismissed an application by Sipho Mtimkhulu of Emakhandeni suburb who was seeking a protection order against his wife Sikhathazile Mudau of Old Luveve.

This came after the magistrate heard that Mtimkhulu customarily married Mudau in 2002 and went behind her back and got legally married to another woman without Mudau’s knowledge.

Mudau told the court that she didn’t know that her husband was now married as she thought the second wife was just a “small house”. She said when Mtimkhulu moved out, he would call her to give her money for her own personal things.

Mashavakure reprimanded Mtimkhulu for neglecting his wife.

“What you did is wrong. You should have first consulted your wife that you’re getting married than to go behind her back and put a ring on your finger. If you have come here to end your relationship with her then you’re in the wrong court.”

“As long as you have not talked to her parents or approached the court for dissolution of marriage, then your marriage still exists. You have been phoning her and giving her money for her own personal clothing then you come here seeking a protection order. If you have been doing things for her and offering her help whenever she needed it then you have been giving her the impression that everything is well between the two of you. This application is dismissed,” said magistrate Mashavakure.

Mtimkhulu had said Mudau was his ex-girlfriend whom he had a child with.

“Your Worship, this is my ex-girlfriend, the mother of my child. She comes to my workplace and insults me in front of my employers and workmates, even my church members. She sends messages insulting my wife and children.”

“She has also threatened to tear my marriage certificate so that I marry her. I’m maintaining the child through paying fees, buying uniforms and books,” he said.

Mudau dismissed Mtimkhulu’s claims as untrue.

She told the court that she had been customarily married to Mtimkhulu for 13 years.

“Your Worship, first of all I’m his wife not a girlfriend. I have been married to him for 13 years. I deny all the allegations.When I go to his workplace he would have phoned me to come and collect money for my own things. He has not been sleeping at home but the last time he visited me and our child it was in March,” said Mudau.