Beukes v Beukes (CIV/T/02/2016) [2022] LSHC 123 (15 September 2022)

Beukes v Beukes (CIV/T/02/2016) [2022] LSHC 123 (15 September 2022)

The Plaintiff proved on a balance of probabilities that the Defendant committed adultery and is responsible for the marital breakdown. The Defendant failed to substantiate her counter-allegations. The Plaintiff is entitled to a decree of divorce, forfeiture of property by the Defendant, and custody of the minor children.

Citation
[2022] LSHC 123
Parties
Plaintiff: Thabiso Beukes; Defendant: Mampho Beukes
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 September 2022
Case Number
CIV/T/02/2016
Procedural Posture
Divorce / Judgment After Trial De Novo Following Rescission of Default Judgment
Outcome
Decree of divorce granted against Defendant on grounds of adultery; forfeiture of matrimonial property by Defendant; custody of three minor children to Plaintiff with reasonable access to Defendant; no order as to costs.
Legal Topics
Divorce, Adultery, Malicious Desertion, Custody of Children, Forfeiture of Property
Source Language
English
Family Law Divorce Adultery Malicious Desertion Custody of Children Forfeiture of Property

Case Brief

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Parties

Thabiso Beukes

Plaintiff

Mampho Beukes

Defendant

Procedural Posture

Divorce / Judgment After Trial De Novo Following Rescission of Default Judgment

Legal Issues

  1. 1 Whether the Defendant committed adultery justifying a decree of divorce
  2. 2 Whether the Defendant maliciously deserted the Plaintiff
  3. 3 Whether forfeiture of matrimonial property is warranted

Ratio Decidendi

The Plaintiff proved on a balance of probabilities that the Defendant committed adultery and is responsible for the marital breakdown. The Defendant failed to substantiate her counter-allegations. The Plaintiff is entitled to a decree of divorce, forfeiture of property by the Defendant, and custody of the minor children.

Court Disposition

Decree of divorce granted against Defendant on grounds of adultery; forfeiture of matrimonial property by Defendant; custody of three minor children to Plaintiff with reasonable access to Defendant; no order as to costs.

Orders

  • A decree of divorce is granted on the grounds of Defendant’s adultery.
  • Defendant to forfeit matrimonial property.