Friday, 17 January 2020


THERE was drama at Mutare Magistrates’ Ccourt on Monday this week after a couple clashed following nullification of the husband’s second marriage.

Presiding Mutare magistrate Ms Nyasha Kuture had told a disappointed David Kabanda that his marriage to a woman that he regarded as his second wife would not be considered by the court after his legally wedded wife Eustinah Kabanda had produced a marriage certificate in court.

All this came to light after Eustinah had approached the courts seeking maintenance variation for their three minor children. She wanted the money to be varied from $450 to $1 450. 

The court, however, varied the upkeep to $585. The couple lives together.

David had told the court he had another wife and two other children he was taking care of, when at that point Eustinah produced a Chapter 5:11 marriage certificate.

She told the court she did not know of the existence of the second wife considering they were married under Chapter 5:11. 

“Your Worship, I am his only wife and this is the first time that I am hearing of this so-called second wife, which is actually an illegal extra-marital affair because of the kind of marriage that we have. He should not take another wife unless he divorces me according to the law and he knows it,” she said.

Ms Kuture gave David an earful on the statutes of the marriage that he has with Eustinah and told him he was liable to prosecution as he had broken the law by taking another wife.

“What you are telling this court is a very serious offence and she can sue you because of that second wife that you claim you have. Your marriage to that woman, whoever she is, is invalid because of the type of marriage that you and Eustinah have.

“If you no longer love this woman that has brought you to this court today, you know what to do with this paper.  You approach the courts and use the proper channels then let the law deal with it. You cannot take another wife while this marriage still exists,” advised Ms Kuture.

David, however, insisted on keeping his second marriage and claimed that the reason he had taken the second wife was because Eustinah was giving him hell.

“Your Worship, I took the other wife because I was not living in peace with this woman, it was headache after headache. Does this also mean that my two children with my second wife will also not be considered as my children only because I have a certain marriage with Eustinah? So my children will just wallow in poverty because the court says that my marriage to their mother is void?” David asked the magistrate. 

Ms Kuture however, told him that it would be considered in the application that he had two other children but not another wife in terms of the law. Manica Post


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