LANDMARK RULING IN MARRIAGE WRECKING CASE
It’s official! Marriage wreckers are going to have a field day.
A landmark ruling from Francistown High Court on Wednesday stated that a wronged spouse can no longer sue for damages.
Presiding over a marriage wrecking case in which an aggrieved wife was seeking P300, 000 damages from her love rival, Justice Lot Moroka ruled, “An adulterous claim is not constitutional and is not consistent with the mores (morals) of contemporary Botswana society.”
Moroka reasoned that it was not fair to hold the defendant wholly responsible for the adultery when in fact the person doing the cheating was the married individual.
“The obligation to be faithful belongs to the spouses and not the third party. In the absence of any consent to sexual relations with others it (adultery) cannot happen,” continued Moroka.
The High Court judge further suggested the law was outdated and should be amended.
“It would be tragic for any court dealing with the issues of adultery and marital infidelity to look at the problem wearing 18th century goggles. If court does not step out of the capsule of time which the law books have become and look at contemporary Botswana, the court will get it completely wrong,” he said.
Moroka eventually dismissed the claim and ordered both parties to pay their own costs.