LM v MM
| Jurisdiction | South Africa |
| Judge | Makhafola J |
| Court | Limpopo Local Division, Thohoyandu |
| Citation | 2011 JDR 1016 (LT) |
| Docket Number | 14/2005 |
Makhafola, J
INTRODUCTION
This is an opposed divorce action where the only dispute between the parties relates to the residence of the minor children of the parties.
MARRIAGE
The parties were married to each other by civil rites on 28 July 2000 at Thohoyandou and this marriage still subsists.
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Makhafola, J
CHILDREN
Three children were born out of this marriage between the parties. There is one girl and two boys namely: ZP who is the first born child born in 1989. She is studying 2nd level Bachelor of Commerce Accounting at the University of Venda. She resides at the campus. The 2 boys are M who is in grade 6 and G who is in Grade 2 at T Primary School.
CASE FOR THE DEFENDANT
In summary form the defendant alleged that the plaintiff is not fit to have residence of the minor children. He presently resides with all the children. He is a teacher by profession and has been in the profession for 19 years.
There is a domestic worker who is his neighbour. She cares for the minor children when he has gone to school. This neighbour arrives at his home at 06h00 and knocks off duty at 16h00. He comes home from work at 13h30. He supervises the domestic worker. He is satisfied that she cares for the children well. There are no problems as compared to when their mother was living with them.
None of the children has ever asked to go and live with their mother except the first-born, ZP who he had allowed to do so. She later came back to reside with him saying that her maternal-grandmother had told her to go back to her home. ZP later told him she does no longer want to return to her mother.
When he has problems with the children he is assisted by his two sisters living nearby. He allows the children to visit their mother if they like. They
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Makhafola, J
visit her about 10 times per year. He has no problems with the mother of the children because they communicate.
Where the plaintiff resides there is one rondavel. He has proper accommodation for the children. He wants custody of the children because he wants them to grow well. At the present moment they are brought up well. He wants to marry again in the future.
CASE FOR THE PLAINTIFF
She resides at T where there are 4 rondavels and a four-roomed house. She left the common home in 2004 because of ill-health as she was unable to speak and there was nobody to take care of her. When she left...
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