Malope v Malope (1669/07) [2008] ZAFSHC 1 (10 January 2008)

Malope v Malope (1669/07) [2008] ZAFSHC 1 (10 January 2008)

The court found that the marriage had irretrievably broken down, with no reasonable prospects of reconciliation, based on uncontested evidence of the plaintiff regarding the defendant's misconduct and lack of contribution to the household and children. The plaintiff was granted custody of the minor child, as she is the sole breadwinner and the child expressed a preference for her custody. The claim for maintenance was dismissed, as the defendant is unemployed and such a claim can be pursued if he finds employment. Regarding forfeiture, the court held that the plaintiff failed to plead or prove the necessary facts, including the nature and extent of the benefit to be forfeited. All assets...

Citation
[2008] ZAFSHC 1
Parties
Plaintiff: Galehete Marriam Malope; Defendant: Matlhomola Stephen Malope
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 January 2008
Case Number
1669/07
Procedural Posture
Divorce Action / Final Judgment
Outcome
Divorce granted; custody of minor child awarded to plaintiff; maintenance claim dismissed; joint estate to be divided 60% to plaintiff and 40% to defendant; no order as to costs.
Judges
H.M. Musi
Legal Topics
Divorce in Community of Property, Forfeiture of Benefits, Custody of Minor Child, Maintenance, Division of Joint Estate
Family and Children Divorce in Community of Property Forfeiture of Benefits Custody of Minor Child Maintenance Division of Joint Estate

Case Brief

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Parties

Galehete Marriam Malope

Plaintiff

Matlhomola Stephen Malope

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and a decree of divorce should be granted.
  2. 2 Whether the plaintiff is entitled to custody of the minor child.
  3. 3 Whether the plaintiff is entitled to maintenance for the minor child.

Ratio Decidendi

The court found that the marriage had irretrievably broken down, with no reasonable prospects of reconciliation, based on uncontested evidence of the plaintiff regarding the defendant's misconduct and lack of contribution to the household and children. The plaintiff was granted custody of the minor child, as she is the sole breadwinner and the child expressed a preference for her custody. The claim for maintenance was dismissed, as the defendant is unemployed and such a claim can be pursued if he finds employment. Regarding forfeiture, the court held that the plaintiff failed to plead or prove the necessary facts, including the nature and extent of the benefit to be forfeited. All assets...

Court Disposition

Divorce granted; custody of minor child awarded to plaintiff; maintenance claim dismissed; joint estate to be divided 60% to plaintiff and 40% to defendant; no order as to costs.

Orders

  • A decree of divorce is granted.
  • Custody of the minor child, G, is awarded to the plaintiff.