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    Monday, 3 December 2018

    Chivhu Policewoman to pay $6 500 adultery damages


    MIRIAM MANGWAYA
    CHIVHU BUREAU

    CHIVHU - A Chivhu Policewoman who dated a married man and has a child with him has been ordered to pay $6 500 in adultery damages.
    Nyasha Gweshe had an adulterous affair with Kirsty Mushoriwa’s husband Tinashe Mushoriwa. Tinashe is an officer in the Ministry of Lands Agriculture and Rural Resettlement but based in Nyamapanda.
    Kirsty, who was represented by   Ruvarashe Rusemwa of Nsingo and Associates had claimed $10 000 adultery damages but Magistrate Michelle Panavanhu reduced the claim to $6 500 for both contumelia (deliberate disrespect) and loss of consortium (association).
    Gweshe was also ordered to pay for the cost of the suit.
    Gweshe through her attorney, Albert Mhaka of Mhaka Attorneys, had dismissed the claim  arguing that she was customarily married to Tinashe and had discovered that he was married four months after she was pregnant with his child.
    In her ruling, Magistrate Panavanhu said the evidence presented by Kirsty was without doubt that Gweshe was aware of the marital status of the plaintiff’s husband but persisted in having an adulterous association with him in spite of that knowledge.
    “Evidence has shown that defendant invaded the plaintiff’s matrimonial house upon which she (Kirsty) was chased after she had returned from the burial of her child,” said Magistrate Panavanhu.
    Tinashe and Kirsty are married under the Marriage Act 5:11, which makes it illegal for any one of them to engage in an extra marital affair.
    Although Tinashe, who  stood as Gweshe ‘s witness  admitted that he was  still legally married to Kirsty, he told the court that their marriage had never been affectionate and peaceful  because he was coerced by  Kirsty into conducting the 5:11 Marriage Act under duress after she had filed rape  charges against him.

     

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