Jilted hubby sues wife for adultery
Written by Millennium on April 23, 2019
VICTORIA KASANGA writes
A Ndola man has told the court that his wife was seduced by a man who promised to find a job for her sister.
He said from the time the man started giving her lifts, the wife neglected her home.
Samson Mwika 36 of Dag Hammarskjold sued Gershom Chifunga 36 of the same area for committing adultery with his wife, Mervis Mwape.
He told the court that he found his wife in Mr Chifunga’s vehicle on two occasions and the two sat in a romantic manner.
The case came before Kabushi Local Court senior presiding magistrate Agnes Mulenga sitting with Mildred Namwizye and Evelyn Nalwizya.
He told the court that he married his wife in 2010 and had two children together
Mr Mwika said he lived well with his wife until this year February when they started differing over Mr Chifunga.
He said one day he sent his wife to get some items in Twapia Township but later spotted her with his child in Mr Chifunga’s car.
Mr Mwika said when he confronted her, she did not respond to his questions.
He said after a week, she prepared food and packed some in a lunch box and said she was going to her elder sister’s place.
She did not get back home but around 22:00hours he saw her in Mr Chifunga’s car.
“I told her parents about her behaviour and we sat down to sort out our differences but she did not return home. She only came and to pack her things and she left,” he said.
He said after some days he saw her with Mr Chifunga again and that time he approached her and she told him to mind his business.
Mr Mwika said she told him that she was going to continue her life with Mr Chifunga.
He said on another occasion, he went to her parents place around 24:00hours so that he could speak to his wife but while he on the veranda waiting, he saw Mr Chifunga approaching his wife’s place with parcels in his hand.
He said he questioned Mr Chifunga, who admitted that he was in a relationship with his wife.
In his statement, Mr Chifunga said he did not know that the woman was married as she looked young and slim.
He said when he met her, he just gave her a lift and asked her where she lived as her face was not familiar to him in that area.
Mr Chifunga said they exchanged numbers and that she told him that she lived with her elder sister.
“I was trying to impress her so I asked if her elder sister could prepare her National Registration Card (NRC) so that I could help her find a job since I knew some people around our working place,” he said.
He said when they were getting to know each other better with the woman, she showed him at her parent’s place.
“One day I went to see her around 24:00hours with a parcel when I found Mr Mwika. He chased after me and we started arguing and he told me he was the woman’s husband and that I had destroyed his home,” he said.
He said the two of them talked for a while and that he even revealed to him that his wife was sick and was on ARVs.
Mr Chifunga said when the woman called him at night, he was furious and told her that they could not continue with the relationship because she was married and sick.
Ms Mwape she did not tell Mr Chifunga that she was married because she knew that her marriage was about to end.
In passing judgment, the court dismissed the case of adultery with no costs because Mr Mwika did not provide evidence that he found them committing adultery and that Mr Chifunga did not know that the woman was married.