It can’t be easy to hear your husband of six years tell you that he’s gay, but can you put a price on the emotional pain and psychological trauma that causes?
Apparently, you can, and it’s R5 million, with the woman in question filing an application to the high court in Cape Town.
The other R4 million sought is due to loss of income and “financial prejudice”, bringing the total to R9 million.
This below via TimesLIVE:
“The basis for the damages claim and the extraordinary sums which are sought … is that the [husband] is alleged to have ‘misrepresented’ to her, prior to their marriage, that he was a heterosexual male who wished to marry her so that they could have children in a heterosexual, monogamous marriage,” judge Mark Sher said in his judgment on Wednesday.
Two months before the couple’s sixth wedding anniversary, the husband told her he was gay, “since which time they have no longer lived together as man and wife”, said Sher.
“[The wife] avers that until this revelation in September 2018 she was unaware of [her husband’s] sexual orientation.”
Who wants to hazard a guess as to how the application panned out?
If you guessed that it went down in a ball of flames, you’re on the money:
Sher struck the application from the roll and ordered the woman’s attorney to forfeit his fees and pay her husband’s costs. He said Fareed Moosa had thrown everything but “the proverbial kitchen sink” into a 368-page application which was supposed to be a summary.
In his order, the judge described Moosa’s approach as an “irregular step and an abuse of process”, and said the application must not be re-enrolled unless it was done in accordance with rule 43.
‘Rule 43’ is a legal procedure used to resolve issues like maintenance and custody, during the period before a divorce is finalised.
Sher was very critical of Moosa’s approach, saying that it raised “troubling questions” about his conduct.
When asked for comment, Moosa, who is head of the department of mercantile and labour law at UWC, said he would be applying for leave to appeal against Sher’s entire judgment.
[source:timeslive]
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