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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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My wife moved out of out house on 05/05/2015 telling me that

Customer Question

My wife moved out of out house on 05/05/2015 telling me that she wants a divorce. She moved in with a male friend whose wife left him a year ago. My wife assured me that they are only friends and she is staying with him because she does not want to stay with family. On 29/05/2015 my eldest son came clean with me that his mother(my wife) was cheating on me with the so called friend.I investigated and found that my wife called the so-called friend 9 times on his cellphone during April 2015 , where in comparison there were no calls on record during March 2015. My wife`s vehicle e-tag report indicated that she traveled the route to where the friend and she stays now 3 times before she told me on 05/05/2015 that she is moving in with the friend. The friend stays close to a specific tollgate which is on the opposite side of Gauteng where the friend stays.Can I sue the friend for interference in my marriage although I cannot prove intimacy.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
Unfortunately you cannot. A recent Appeals court decision has removed the claim for breaking up a marriage (contumelia) from our law.
A copy of the case can be found here.
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