The couple, who were married in community of property,
initially argued their divorce settlement in the Magistrate Court, where it was
ruled that the husband should get a share of the wife’s pension fund.
Disenchanted with the outcome, the wife approached the
Limpopo High Court in Polokwane on appeal.
The former lovers were estranged for two years before the
husband filed a divorce, saying the wife cheated on him with several men.
He added that she went on vacation to Thailand with another
man. He also ran into them at a restaurant, where they told him they were in
love and that there was nothing he could do about it. Moreover, the wife told
him he could file for divorce.
In his divorce application, he sought an equal division of
the joint estate, requested that primary residence of the child be awarded to
the mother while he should be allowed reasonable contact, and proposed that
both parents financially contribute towards the child, with the decision on
financial contributions to be made at the maintenance court. Lastly, he wanted
half of the wife’s government pension fund.
In her reply, the wife denied cheating on the husband and
instead blamed him for infidelity and fathering a child outside their marriage.
She also wanted the husband to forfeit a share of her
pension fund, arguing that his contribution to the joint estate was minimal, he
failed to support her financially, and he was also abusive.
When looking at the evidence, Judge Maake Francis Kganyago
said the lower court found evidence that the estranged couple equally
contributed to the towards the breakdown of their marriage.
Judge Kganyago said it was unfair for the wife to make it
seem like the husband resigned without informing her.
He said his resignation was discussed prior and they agreed
that he should resign due to work disputes.
Moreover, he said it was untrue that the husband didn’t
share his pension fund because at the Magistrate Court, they both testified
that even when the husband was unemployed, they used to go out on vacations and
they both contributed towards the trips.
He said even though he was unemployed, he assisted the wife
by giving her R12,000 to buy a bakkie.
Regarding the child, the judge said there was no evidence
showing that he was taken to the maintenance court for neglecting his financial
obligations, and the wife never claimed that he was completely failing to take
care of his child.
“Even during the period after resignation, there was no
complaint that the respondent was failing in his duties of taking care of the
minor child,” read the judgment.
The judge said the wife’s appeal should fail. IOL
