Summary
Marriage – Divorce – Adultery – Decree of divorce granted – Matrimonial property – Guilty spouse – Discretion of court – Interests to be considered – Irreconcilability of parties in the divorce proceedings.
Where a divorce has been granted to a wife on grounds of adultery, the disposition of matrimonial property where forfeiture of benefits has been sought in the summons, the court in its discretion can make an order thereof as interests require, especially of children and decree of blameworthiness.
Sanctity of marriage is antithetical to adulterous behavior by the spouse.
IN THE HIGH COURT OF LESOTHO
Held at Maseru
CIV/T/492/09
In the matter between:
LIPUO RAMOTSOARI (nee Nkhabu) PLAINTIFF
And
TELEKO RAMOTSOARI DEFENDANT
JUDGMENT
Neutral citation: Lipuo Ramotsoari v Teleko Ramotsoari (CIV/T/492/2009)
[2021] LSHC 117
CORAM : JUSTICE SN. PEETE (Retired)
HEARD : 17 February 2020
DELIVERED: 27th October 2021
PEETE J (Retired):
INTRODUCTION
(hotly contested by defendant). Divorce decree was granted on the 19th June 2014 despite the court (hoping for a reconciliation granted mero motu on the 16th August 2016. After many set downs during which this court in chambers exhorted the parties to reconcile and despite the praise worthy attempts by Counsel Mokaloba and Advocate Letsika (Mei & Mei Attorneys), all attempts hit the wall. Defendant’s plea nevertheless was a complete denial of adultery with Neria Hlothoane.
Order: Prayer (b) and (c) granted as prayed for in the summons.
………………………………..
JUSTICE SN PEETE
(RETIRED JUDGE)
For plaintiff: Mei & Mei Attorneys
For Defendant: Mr Mokaloba