Court rules rejected wife can claim against husband
A husband will soon find out that saying ‘I do’ while not meaning it can have legal consequences, says a Pretoria News report.
The Gauteng High Court (Johannesburg) has given a wife the go-ahead to claim damages after her husband kicked her out of the house within weeks of taking their vows.
Judge Denise Fisher found that there was no bar in SA law for the claim by a wife against her husband – based on the actio iniuriarum – to protect her dignity and reputation.
The judge, however, disallowed the wife to institute damages for the financial loss she had suffered as a result of, among others, the expensive wedding she had to fork out for.
The matter came before the court when the husband objected to both claims and asked the court to bar them in law before served before a court.
He argued that to allow them had the potential to have a negative impact on marital relationships which were vital to societal health and well-being.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
