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Because the wife conceals the problem that she has no fertility, the man asks for divorce and does not divide the property, how does the view court judge?
2024/08/14 Report

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A man who sought for his estranged wife to be left with nothing in their divorce settlement because of her inability to have children has had his appeal rejected at the Limpopo High Court in Polokwane.

The couple was married in community of property in October 2014.

When their marriage deteriorated in 2022, the wife left their shared home and later filed for divorce at the Regional Court in Mahwelereng.

In her divorce application, she requested an equal split of the marital assets.


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In response, the husband argued that the wife did not contribute financially to the marriage and viewed him solely as a financial provider.

He further alleged that she concealed her infertility when they entered into marriage and denied him conjugal rights, leaving their home to engage in illicit relationships.

He held her responsible for the collapse of their marriage.

The Regional Court ruled against the husband and ordered the joint estate to be divided.


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Dissatisfied with the ruling, the husband took his case to the High Court on appeal, reiterating the same arguments he had presented in the Regional Court.

In her defense, the wife contended that she had made financial contributions when she was employed and had brought assets into the marriage.  She also maintained that she performed household duties and supported her husband’s business endeavors.

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