By MUNIDE ZULU
A 21-YEAR-OLD man has been fined KR4,000 for committing adultery, marrying and impregnating another man’s wife.
Geoffrey Shamungen told senior court magistrate Sera Nyendwa that his friend Marlon Simachulu, married and impregnated his wife when he was still married to her.
He said he was shocked when he discovered that his wife, Brenda Siyamugande whom he has two children with, was pregnant the time he wanted to take her back home after the two separated.
“I want to know why this man [Simachulu] married my wife and impregnated her when he knew that I was still married to her. We have been on separation since she ran away from home and I was making plans to take her back home,” Shamungen said.
But Simachulu denied committing adultery with Shamungen’s wife saying he married her legally by paying dowry to his in-laws.
In passing judgment, the court castigated Simachulu’s father-in-law for marrying off his daughter and accepting dowry when he knew that his daughter was still married to Shamungen.
This was heard in a case in which Shamungen sued Simachulu for compensation for adultery.
In his statement, Simachulu told the court that he married Shamungen’s wife after he learnt that their marriage was over.
“This is why I informed my wife’s parents about my intention of marrying her. They never told me that she was still married to you [Shamungen] and they accepted the dowry I paid. If she was still your wife, my in-laws would have told me that she was somebody’s wife,” he said.
Simachulu said he was therefore shocked when he received a summon for allegedly committing adultery with another man’s wife [his wife] when he married her legally.
And his witness, Brenda Siyamugande, who is also his wife, said Simachulu married her legally and accusations that he was committing adultery with her were baseless.
“He did not commit adultery with me. He married me after my marriage with my former husband ended”, she said.
Siyamugande said she left Shamungen because he was not taking good care of her and was not supporting his family.
“My former husband used to disappear for a week from home when he got paid and he is a drunkard. He chased me from his home and he even helped me pack my belongings,” she said.
The court, in passing judgment, castigated Siyamugande’s father for contributing to her daughter’s marriage breakage by marrying her off to another man when he knew that she was still married.
The court also told Siyamugande that she was committing adultery with Simachulu because she was still married to Shamungen as they are not yet divorced.
“You took a bold step when you sued for divorce but it turned to reconciliation. If your marriage was not working out when you were reconciled, you should have sued for divorce so that you get divorced,” the court said.
Simachulu was fined KR4,000 for committing adultery and the court ordered Siyamugande’s father to help his son-inlaw pay the fine because he is the cause of his daughter’s marriage breakage.
Wisi Boyi
June 10, 2013 at 9:51 am
These local court justices are corrupt, the guy followed proper channels and he gets fined? How was he supposed to assume that his inlaws were pimping his woman?
Bullu
June 10, 2013 at 10:30 am
The father/parents to the girl should have been the one(s) fined. BTW whats the way forward, who takes the woman?
Justice
June 10, 2013 at 10:49 am
Local courts iwe sure! This is proper miscarriage of Justice at its worst. The guy should appeal at the surbodnate court. But the judicial service commission should seriously consider reviewing the operations of the Local Courts. We cannot go on making wounded citizens of our nations through structural malfeasence and moribandness of our legal, local and national governance systems and structures that are clearly antiquated.
the president'e'
June 10, 2013 at 12:26 pm
valueless
Villager
June 10, 2013 at 4:41 pm
Surely how do you fine an innocent person? Unless if you are sayong that Simachulu was a close friend to Shamungen, knew what was happening in his friend’s marriage and went ahead to marry his wife. Otherwise, the in-laws were the ones at fault and not Simachulu. There is need for refresher courses for local court judges…
DZ
June 11, 2013 at 9:11 am
The guy is innocent.The inlaws are the peaple to be fined for being double standard……..
nkugulume
June 11, 2013 at 12:49 pm
courts must be sure of what there judge.
chiefdestructer
June 11, 2013 at 1:18 pm
more money in your pockets
sky news
June 11, 2013 at 1:25 pm
a 21yr old man.atase early marriage issues,ifyabupuba.