BROKEN UNION Wife takes estranged husband to court
She is hungry, has no access to matrimonial livestock Court advises them to start divorce proceedings
Adistressed 41-year-old woman from Magoreapitse, Matlhogonolo Maleke dragged her husband Jackson Maleke (65) to court this Monday, alleging abandonment of their matrimonial home and neglect of his marital duties.
The case was heard at the Kanye Magistrate Court, with Principal Magistrate Reuben Sebetlela presiding. The couple, who had not spoken much in months, appeared in court. The husband, with grey hair and said to be from Kanye village, spoke only English, while his wife spoke Setswana.
When given the opportunity to address the court, the wife revealed that her husband, Jackson Maleke, whom she has been married to for seven years had been absent from their matrimonial home for eight months. She also mentioned that he has blocked her on his cell-phones.
The couple tied the knot in 2018. The wife accused her husband of neglecting his marital responsibilities, which has forced her into a state of hunger and poverty. She told court that her husband has forbidden her from accessing their farm, where they have a large herd of around 1 000 cattle and more than 200 goats. Consequently, she is living without proper food and care from her husband. The wife added that she retired early from her role as a police officer in Thamaga in 2018 to marry her husband. This decision was based on his promise to start and manage businesses together, which unfortunately failed. She also disclosed that she is still awaiting her retirement package. She mentioned that they received one-third of the retirement package and spent it together, despite her husband being absent from home since July 2023. The wife presented their marriage certificates and a form indicating they were married in community of property to the court. She attributes the abandonment of their matrimonial home to rumours spread about her that she had multiple partners. She is also convinced that her husband has another woman elsewhere. Principal Magistrate quipped, “O go tshabile gore ga o na boammaruri!” an assertion, the partially distressed woman refuted.
The wife disclosed that the husband left with the house furniture, leaving her in the home they built together after getting married. She also revealed that she married him when he was a struggling widower. Despite being together, they do not have children together, but she married the husband with three grown daughters from her previous marriage. Addressing the court, Jackson Maleke revealed that his wife mismanaged the bar business to the extent that one of their employees took them to labour court. He explained that when they got married in 2018, they had a herd of 45 cattle, which they used entirely to build their matrimonial home. He stated that he has no cows left, as the ones he currently has belong to his children. He said that he left his first house, which he owned with his late wife, for his children. Maleke explained that the goats are not their joint property, as they belonged to his first wife. He clarified that he is currently taking care of them for his daughters. Principal Magistrate Sebetlela asked the woman why she had not divorced, to which she responded that she is currently undergoing the divorce process. He then advised the couple that they could temporarily divide their properties pending the divorce proceedings, so that neither party would suffer. He suggested they seek assistance from village leadership, such as the chief, to facilitate this process. Maleke denied owning 1000 heads of cattle and 200 goats, prompting the magistrate to pardon him and promise to verify the truth through the Agricultural department. The magistrate also mentioned that he would investigate the actual number of cattle Maleke possessed. The magistrate asked Matlhogonolo if she needed to slaughter a goat for herself since she complained of having nothing to eat back home. He ordered that the woman go and take a goat from the kraal.
Sebetlela said there is no one considered a child if they are over 19 years old, referring to the husband’s statement that he had decided to keep the goats for the children.“Ha gotwe in community of property go tewa gole botlhoko gole monate, she is still your wife and has the right to be taken care of,” Sebetlela said.
The magistrate then ordered that the wife be given P700 monthly from end of March 2023, as an interim order while waiting for the divorce. And the magistrate gave the woman access to slaughter her goats, if there is a need for consumption.