A CHITUNGWIZA woman this week filed a $5 000 lawsuit against her husband’s smallhouse for adultery damages claim.
Renia Musara dragged Winnie Muzuva, who resides in Unit C, Seke, before Chitungwiza magistrate Marehwanazvo Gofa on Wednesday seeking compensation from her.
In papers filed at the Chitungwiza Civil Court through her lawyer, Renia Musara of Zengeza 5 stated that: “The adulterous relationship has caused Plaintiff [Musara] torment and suffering as she has been continuously deprived of conjugal rights, comfort and the usual husband and wife support.
“Plaintiff has to painfully endure seeing her husband going away to co-habit with the Defendant [Muzuva] and coming back to the matrimonial home to subject her to emotional and psychological abuse.”
She also stated that when Muzuva engaged into the adulterous relationship her husband Cleophas Musara, she was fully aware that he was married under the Marriage Act 5:11 which is still subsisting.
Musara told magistrate Gofa that she had been married for the past 37 years ago and had four children with her husband.
“Since 2005 he started neglecting me and even removed my name from our combined bank account and said if I wanted salt or anything, I would let him know,” she said. “When I confronted Winnie on January 8 2013 after hearing that they had two children together, she said she was a ‘smallhouse’ [mistress] of my husband and claimed to be legally married to him.”
Muzuva, however, submitted that the husband in question had told her that he had divorced Renia and went on to pay lobola to her relatives before they had two children.
“He told me that he had divorced and only stayed with his children. He even went on to pay lobola to my parents, but after realising that he was still married in January 2013, I broke off our marriage,” Muzuva said.
Magistrate Gofa postponed the matter to August 15 for judgment.
Renia is being represented by Solomon Chako of Mushangwe and Company.