Judgement

Introduction

The Applicant-Petitioner-Respondent (hereinafter referred to as the “Respondent” or the “Applicant”) married the Respondent-Respondent-Appellant (hereinafter referred to as the “Appellant”) under the Muslim Marriage and Divorce Act (hereinafter referred to as the “MMDA”) on the 6^th January 2002.

The Appellant has sired 4 children borne by the Respondent within their marriage; since then, they lived happily until the differences started to appear in their homefront. There had been some disputes in their matrimony due to the Appellant’s behaviour; and also, his contracting a second marriage to a Moroccan lady. Even thereafter, the Respondent tolerated her husband and his behaviour until it became intolerable. Consequently, she decided to file an application in terms of Section 28(1) of the MMDA for a Fasah divorce. Having filed the said application for a divorce, she also filed an affidavit dated 19^th June 2019.

The affidavit filed on the 19^th June 2019 was supported by the affidavit of her brother who also has categorically and unequivocally supported the facts stated in the original affidavit by the Respondent and moved for a Fasah divorce. The second affidavit f