Boyfriend demands virginity proof from girl friend

court

A prominent Hwange businessman who was sued by his former girlfriend for US$45 000 for alleged breach of promise to marry in May has denied the allegations and demanded that the woman prove that he broke her virginity.

Kevin Mahlangu (34) of 6 Sandalwood Crescent, Baobab Hill in Hwange, owner of Hwange Pharmacy and Insomnia Leisure Centre, in his plea through his lawyers, Mabhikwa, Hikwa and Nyathi Legal Practitioners to the High Court case number HC 901/10 dated 14 June, states that it is true that he was once in love with the plaintiff (Rumbidzai Gwese aged 21) of 513 Empumalanga Township in Hwange, but denies promising to marry her. He further said there is no basis at law to claim such damages.

Gwese filed a lawsuit against Mahlangu (complainant) to pay for damages arising from alleged breach of promise to marry, sexual abuse, risk of being infected with HIV/AIDS as well as the cost of the lawsuit.

The plaintiff is demanding US$15 000 for breach of promise to marry, US$15 000 for sexual abuse and another US$15 000 for the risk of being infected with HIV/AIDS as well as the cost of the lawsuit.

However, the defendant has denied all the allegations levelled against him through his plea of which a copy is in the hands of this paper. Responding to the allegations that he broke the plaintiff’s virginity after being intimate with her four times on the night of 5 March he said:

“No issues arise save to state that defendant was never aware of plaintiff’s sexual history. Plaintiff is put to the strict proof thereof.

“Defendant never promised plaintiff to marry her. Plaintiff is put to proof thereof. Defendant further denies making an undertaking to Plaintiff’s uncle to marry Plaintiff. Plaintiff is put to strict proof of her allegation,’’ read part of the plea.

The plaintiff alleged that the complainant made an undertaking to marry her through giving her uncle US$20 after discussions pertaining to the matter on 17 March.

In her declaration the plaintiff states that the defendant chased her away from his house alleging that he had lost affection and love. However, the defendant said: “Plaintiff left defendant’s residence because defendant had lost love and affection for plaintiff’s uncouth conduct more particularly that; plaintiff once assaulted defendant using catapult propelled pebbles.

Plaintiff has no respect at all to defendant’s relatives including defendant’s father whom she insulted in his absence from time to time. Plaintiff has insulted and verbally abused defendant and Plaintiff has indicated that she does not recognise defendant’s child whom she has verbally abused and insulted, read part of the plea. Last Friday the plaintiff applied for a pre-trial memorandum to further defend her case.