S G v S C (APPEAL 186 of 2009) [2010] NAHC 152 (12 October 2010)

S G v S C (APPEAL 186 of 2009) [2010] NAHC 152 (12 October 2010)

The marriage is declared null and void ab initio as applicant was already married; the concept of putative marriage does not apply due to existing community of property with applicant's first wife; the minor child is legitimate by statute and maintenance is ordered; respondent's counter application is dismissed.

Citation
[2010] NAHC 152
Parties
Applicant: S J G; Respondent: S G C
Court
High Court
Jurisdiction
Namibia
Judgment Date
12 October 2010
Case Number
APPEAL 186 of 2009
Procedural Posture
Application / Judgment
Outcome
Applicant's application granted in part; respondent's counter application dismissed.
Legal Topics
Marriage Annulment, Putative Marriage, Child Legitimacy, Maintenance, Property Division
Source Language
English
Family Law Marriage Annulment Putative Marriage Child Legitimacy Maintenance Property Division

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Parties

S J G

Applicant

S G C

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the marriage between applicant and respondent is null and void ab initio
  2. 2 Whether the marriage qualifies as a putative marriage with consequences for property and maintenance
  3. 3 Legitimacy and maintenance of the minor child

Ratio Decidendi

The marriage is declared null and void ab initio as applicant was already married; the concept of putative marriage does not apply due to existing community of property with applicant's first wife; the minor child is legitimate by statute and maintenance is ordered; respondent's counter application is dismissed.

Court Disposition

Applicant's application granted in part; respondent's counter application dismissed.

Orders

  • Marriage between applicant and respondent declared null and void ab initio.
  • Custody and control of minor child awarded to respondent subject to applicant’s reasonable access.