Court dismisses absurd marriage-wrecking case

Nnasaretha Kgamanyane | Tuesday September 9, 2014 10:55

In overturning the decision of the lower court, customary court president Mothibe Linchwe said the appelant Mothibe Raboijane had done nothing wrong by taking care of his daughter when the complainant Thebeyame Ikeleng failed to do so.

 “It is not wrong for a parent to take care of their children no matter their age or marital status. If the parents saw it fit to send their daughter for further her studies, it is not a crime as long as their intentions were for her good,” said Mothibe.

He also said the respondent Thebeyame Ikeleng had failed to carry out his duties as a husband as he failed to take care of his wife but chose to leave her at her parent’s house from where he would check her instead of build her a house.

Kgosi Mothibe also took issue with the fact the respondent’s understanding of marriage wrecking which did not fit the standard definition.

“I am saddened by the fact that my father-in-law hid my wife and did not let me see her for 10 years. My in laws also sent my wife to school to further her studies without my consent,” Ikeleng had said upon being asked why he believed his father-in-law had wrecked his marriage.

Customarily marriage wrecking entails having a sexual relationship with a married person such that the marriage can no longer work.

When asked if he had paid bogadi for his wife, he told the court he had not done so. However he argued that did not disqualify him as a husband who had to be consulted.

The court learnt that since the couple married, Ikeleng never took his wife to his parents’ house. He also failed to build her a house as per custom. Instead he checked on her at his in-laws house. When his wife had a miscarriage Ikeleng disappeared only to reappear 10 years later with divorce papers. In his defense, Raboijane told the court that as a parent, he felt that he had the right to take care of his daughter when she was in need. He said his son in law was never serious about the couple’s marriage. He told the court that Ikeleng only married his daughter for convenience as he had impregnated her.

“I had never at any time hindered my son-in-law from seeing his wife. The only thing he blames me for is sending my daughter forfurther her studies. I did that because I realised that she would suffer in his hands if she depended on him for everything. At least with a better education she canfind a job and fend for herself,” he pointed out.

Raboijane told the court his son-in-law dragged him to court because the headman from his village told him that if he was going to divorce he would be fined five cattle for wasting his daughter’s time by marrying and neglecting her.  He said Ikeleng then decided to drag him from one customary court kgosi to the other where he finally won the marriage wrecking case.

In the ruling from the previous case, Ikeleng won and his father-in-law was slapped with a five cattle fine.