Husband and wife #1 got married in the 1960s but ended up living separately due to work. Husband fell ill. Wife #1 takes early retirement to look after him but he subsequently dies. Wife #1 finds out after the funeral that husband was actually married to another woman - wife #2.
Wife #1 brings a High Court application for an order that Home Affairs register and record the civil marriage between her and the deceased and to
declare the marriage between wife #2 and the deceased null and void. She argued that she was the one and only Mrs Mkhari and the
declare the marriage between wife #2 and the deceased null and void. She argued that she was the one and only Mrs Mkhari and the
house her husband built for her in Polokwane was hers only.
Wife #2 lived in the Polokwane house with the deceased and was refusing wife #1 entry - she claimed she was the true wife as she had married the deceased a few months before his death.
Wife #2 lived in the Polokwane house with the deceased and was refusing wife #1 entry - she claimed she was the true wife as she had married the deceased a few months before his death.
Kusekncane lokho - during the court proceedings, there was evidence that there was somehow a wife #3 that the deceased had married and later divorced at some stage during his marriage with wife #1.
None of the wives knew of each other - the only clue that there was more than one wife was when they checked the deceased’s medical aid and noticed he had more than one wife registered as his dependant.
“Taking into consideration the date of birth of the plaintiff’s first born child and Rhulani, Nomafrentshin child, and also that the deceased had registered both the plaintiff and Nomafrentshin as beneficiaries of his medical aid at the same time, it appears that the deceased
was having a relationship with them at the same time. If this court was to accept that there was a marriage which was concluded between the deceased and plaintiff, the most crucial question is between the plaintiff and Nomafrentshin whom did the deceased marry first. If the
deceased married Nomafrentshin first, it follows that the marriage concluded between the plaintiff and deceased was not valid. Had the plaintiff called a witness from Home Affairs, all these questions could have been clarified.”
On wife #1’s application that Home Affairs register and record the civil marriage between her and the deceased: the court found that she had failed to prove that she and the deceased had concluded a valid marriage.
Mna ndithi wayekeni.
Judgment: saflii.org
Mna ndithi wayekeni.
Judgment: saflii.org
Oh, and wife #1 and deceased’s son knew that the deceased was staying with wife #2 and according to his evidence, the deceased bribed him a car not to tell his mother (wife #1) that he was staying with wife #2.
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