A woman who out of the blue discovered that she was “legally married” to her former lover, against whom she had obtained a domestic violence interdict, turned to the Gauteng High Court, Pretoria, to have the registration by home affairs of the “customary marriage” overturned.

She had discovered two years after the marriage was registered in 2014, that she was indeed married. The applicant, only identified as MM, told the court that she was never engaged nor married to SM (the respondent).

In a bizarre set of circumstances it turned out that SM turned to the court behind her back in 2014 to obtain an order directing Home Affairs to register their customary marriage. The order was obtained in her absence and no reasons were given in that application why the department refused to register their marriage without a court order.

Judge Graham Moshoana, who dealt with this application to have the 2014 order overturned, remarked that the previous order was granted “in error”.  He ordered Home Affairs to de-register the marriage.

The applicant said after she found out two years into the marriage that a valid marriage certificate was issued by Home Affairs (acting on the 2014 court order), she laid a fraud charge with the police. The matter was investigated and the investigating officer obtained evidence in this regard, but the prosecutor refused to prosecute the respondent.

The applicant, in her early 60’s, admitted she fell in love with the respondent in 2009 and that they lived together until 2012, when the relationship turned sour. There was an intention to marry, but that intention never materialised.

The respondent meanwhile claimed they got married in terms of the Pedi custom in 2009, that he paid lobola to her family and that the customary marriage was consummated on 25 December, 2009.

But the applicant said she knew nothing about this, as on the day of her supposed wedding, she was at home alone with her son. She also denies that her family received any dowry payment and pointed out that in terms of the Pedi culture, there are many rituals which must be performed before they could be married.

According to the respondent he had sent his delegation to her family home with money, which they had accepted. He said this sealed their wedding, which was celebrated for a few hours before she went home. He also claimed to have a lobola letter, which he said the applicant had meanwhile torn-up. 

It emerged that his only evidence of a marriage is that of a single witness – himself – as well as a funeral policy listing him as a spouse. The applicant admitted that at some stage she took out a policy for members of her “extended family”. Since she was staying with the applicant at that time, she listed him as part of the extended family. 

When the policy document was issued, he was recorded as a spouse. She was not bothered at the time because she was staying with him.

It further emerged that armed with the marriage certificate issued in terms of the court order, the respondent managed to obtain a spousal maintenance order against her. 

Judge Moshoana commented that it is strange that nobody testified about the so-called wedding ceremony and not a single picture was produced to prove it. He also said the evidence of the respondent, who at a stage before testifying in court “threw a tantrum,” left much to desire.

He ordered that the applicant should be restored to her single status.

zelda.venter@inl.co.za

Source link