CIV/APN/118/80
CIV/T/55/79
IN THE HIGH COURT OF LESOTHO
In the Application of :
VIVIAN MAKHOTSO MOREMOHOLO Applicant
v
MICHAEL MPESHE MOREMOHOLO Respondent
JUDGMENT
Delivered by the Hon. Chief Justice, Mr. Justice
T.S. Cotran on the 24th day of February, 1981
The marriage of the parties is unfortunately on the rocks
and the applicant wife has sued the respondent husband for
judicial separation in CIV/T/55/79. The action is defended and
is still pending though the pleadings appear to be now closed.
In this urgent application the applicant wife/mother
seeks an order of custody of three children of the marriage
pendente lite. They are a girl aged 9 and 2 boys aged 6 and 4?
respectively. In June 1980 the respondent husband took the
children away from Maseru and transported them to his mother's
home in TY. They were apparently then living in the matrimonial
home, but the applicant wife, who is a teacher, has left it some-
time ago and found separate adequate accommodation on her own.
The respondent husband has no employment at present. He
resists the application by simply denying every allegation made
against him. Belatedly he filed additional affidavits from
himself, his mother, and his brother, that the children are well
looked after and at school. He also averred for the first time
that the applicant wife is not a fit person to keep the children
on the grounds that she is a member of a "family planning"
organisation without his authority and is in love with one Seetsa
of Pitseng. He adds that she wants to have freedom to associate
with other men because she has learnt to become safe from
pregnancies.
/As I said

-2-
As I said all these matters would be resolved at the trial
of the action. For the moment the best interests of the
children lies in awarding custody to the natural mother. She has
a salary to maintain them and he has not, she has adequate
accommodation, he has not. They are now with his mother.
I will make the following order :
(1)      Applicant/wife is awarded custody of the
3 children. They must be brought to Maseru
forthwith.
(2)     The respondent/husband will have access to
the children between 6 p.m. Friday and 6 p.m.
Sunday.
(3)     The task of transporting the children from
the mother's home to the father's home and
back again to the mother's home should be
undertaken by a relative acceptable to both
parties.
(4)     Any party may approach the Court in case of
change of circumstances.
The applicant has not asked for costs.

CHIEF JUSTICE
24th February, 1981
For Applicant : Mr. Maqutu with copies of Judgment
For Respondent: Mr. Kolisang