In his submissions, Masenya told the court that he married the defendant in community of property before a district commissioner in Molepolole in 2005. He further told the court that his marriage had broken down irretrievably, thus he wanted out. Masenya told the court that his wife had started behaving unreasonably.
"She would leave me for days alone with the children," he said. "When she came (back) and I tried to talk to her, she would try to commit suicide." He told the court that when they were first married, they stayed apart from each other. "I stayed in Letlhakane, but we went back to staying together." Masenya said his wife moved out of the matrimonial home in October last year. He told the court that several meetings where parents tried to intervene proved in vain. In the settlement agreement, the court ordered the applicant to give his ex-wife P25,000 by the end of this year, custody of their one child and half of their livestock. "I will deposit the money directly into her account," Masenya told the court.
