Nkabane v. Nkabane

The plaintiff wife sought a decree of divorce on the grounds of the defendant's desertion on the grounds that the defendant abused her and drove her out of the matrimonial home to live with another woman.   The Court found that the defendant was previously married through Lesotho customary law to the other woman at the time of the marriage to the plaintiff; thus, the defendant's marriage to the plaintiff was null and void. However, the Court declared that the relationship was a "putative marriage" for the purposes of dividing the plaintiff and defendant's joint property.

Topics

• Divorce and dissolution of marriage
• Domestic and intimate partner violence
• Gender discrimination
• Gender violence in conflict
• Gender-based violence in general
• Property and inheritance rights

Geographical location

• Africa
• Lesotho

Keywords

• adultery
• desertion
• customary marriage
• polygamy
• civil marriage
• bohali
• putative marriage

Year

• 1987

External URL

• Nkabane v. Nkabane

Court

• High Court of Lesotho

Type

• Domestic Case Law

Jurisdiction

• Lesotho