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Marriage dissolved due to gender-based violence

The Matala Local Court has dissolved a marriage after a woman sought divorce on the grounds of sustained physical abuse by her husband.

The case involved ’Malineo Nkoti (34) of Ha-Thamae and her husband, Morake Nkoti of Qoaling.

Testifying before the court on Tuesday, ’Malineo said the couple married in 2013 under customary law and later moved to Qoaling, where they lived in a rented house.

She also told the court they have two children together, born in 2014 and 2023.

’Malineo testified that throughout the marriage, Morake repeatedly resorted to physical violence instead of resolving disagreements through dialogue.

She recounted one incident in which she alighted from public transport alongside a male passenger who was travelling in the same direction.

She said Morake accused her of having an intimate relationship with the man and proceeded to assault her outside the vehicle.

In another incident, ’Malineo told the court, the couple discovered they had contracted a sexually transmitted infection. She said she suggested that they seek medical treatment, offering to assist by obtaining medication through her workplace at a pharmacy, while advising Morake to seek treatment at a hospital.

’Malineo said after both received medication, she advised that they abstain from sexual intercourse until they had completed the treatment but Morake refused and insisted on having sex. When she declined, he allegedly assaulted her, leaving her feeling unwell.

’Malineo further told the court that she reported the abuse to the police and was issued with a medical examination form. However, she said the matter was repeatedly delayed, with police indicating that investigations were ongoing.

Frustrated by the lack of progress, ’Malineo said she turned to the Matala Local Court seeking protection and relief, and formally filed for divorce.

She informed the court that the couple jointly owns household property, including a fridge, three beds, a wardrobe, a television set, a chest of drawers and a radio. She asked that the property be preserved in the interests of their children.

Morake failed to appear in court to defend himself, despite being aware of the proceedings, and did not provide any explanation for his absence.

In delivering judgment, Court President Mathuntsi Ntšala dissolved the marriage, stating that no woman should be subjected to violence and abuse.

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