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Family And Children [2024] ZAFSHC 330

G.E.M v M.M.M and Another (5928/2024)

G.E.M v M.M.M and Another (5928/2024) [2024] ZAFSHC 330 (22 October 2024)

Although the applicant was still lawfully married to the deceased and prima facie entitled to arrange his burial, the court found that the marriage had irretrievably broken down, with the parties living separately for three years and awaiting trial dates for divorce. The deceased had formed a new relationship, was embraced by his family and life partner, and had expressed a clear wish to be buried in Hertzogville next to his father. The applicant had severed ties with the deceased and his family, and fairness required that the deceased's wishes and the family’s arrangements be respected. The…

  • Burial Rights
  • Urgent Interdict
  • Breakdown Of Marriage
  • Customary And Civil Marriage
  • Fairness In Family Disputes
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