IN a lawsuit that can apparently act as a cautionary tale to other women who are dating married men who are seeking relief outside marriage, a Bulawayo woman was sued by her lover’s wife who is demanding $10 000 as damages for sleeping with her “estranged” husband.
Soneni Khumalo from Bellevue suburb came to realise that sex with a married man is never a good thing after Thandeka Sibanda issued summons at the Bulawayo Civil Court under case number 2305/ 19 claiming adultery damages from her.
Soneni fell in love with Thandeka’s husband Themba after his wife reportedly kicked him out of their matrimonial home.
Thandeka decided to take legal action against Soneni after she sued her two months ago claiming she was disturbing her peace by constantly visiting her place in search of her husband.
Thandeka married Themba in 1982 in terms of the Marriages Act Chapter 5:11 and the marriage still subsists.
While the marriages still subsisted, it is alleged that Soneni and Themba had an adulterous affair. Disturbed by the development, Thandeka instructed her lawyers to sue for adultery.
“The claim is for the payment of $10 000 being in respect of damages for adultery, contumelia and loss of consortium suffered by the plaintiff (Thandeka) as a result of the defendant (Soneni)’s illicit and adulterous affair with the plaintiff’s husband.
“Defendant has been fully aware of that fact but has been involved in a shameful adulterous relationship with plaintiff’s husband. The marriage was blessed with four children and was very rosy until defendant started having an adulterous affair with plaintiff’s husband,” reads Thandeka’s claim in part.
According to the plaintiff’s declaration, Soneni had even been shameless to an extent that she applied for a peace order against the plaintiff as she was afraid that she (plaintiff) was going to stalk them.
“Sometime in September 2018, the plaintiff’s husband ran away from his matrimonial home due to the adulterous relationship he was having with the defendant”.
Thandeka, according to the papers, suffered a huge blow as her marriage was now on the brink of collapse as a result of the adulterous affair.
“Plaintiff has suffered great emotional trauma, heartbreak and mental distress as a result of her husband leaving her. This shameful behaviour has continued regardless of defendant’s knowledge of the marriage existing between plaintiff and her husband.
“Owing to the illicit and adulterous relationship, plaintiff suffered damages as follows: $5 000 for contumelia and $5 000 for loss of consortium”.
The matter which was supposed to be heard on 21 October was deferred by the presiding magistrate Tinashe Tashaya who instructed Thandeka to bring her original marriage certificate.
The magistrate instructed her to obtain it from the Registrar of Marriages after Thandeka indicated that it was stolen together with her birth certificate from their matrimonial bedroom sometime in December 2016 while she was in South Africa.