A divorce application between a Maseru couple was dismissed this week after the court found there was no sufficient evidence to prove the existence of a valid marriage.
The matter was heard at the Matala Local Court and involved Phoka Phaphatisa (32) and ’Mathabo Phaphatisa (30).
Phoka told the court that the couple married in a traditional ceremony in 2021, during which his family presented sheep, known as ‘koae’, to symbolise her acceptance into the family. He said they subsequently lived together and had a baby girl.
He testified that ’Mathabo later left their matrimonial home, accusing him of infidelity, and did not return. Phoka then sought a divorce on the grounds of irreconcilable differences.
In her testimony, ’Mathabo alleged that Phoka was physically abusive during their relationship. She said the abuse began when she was two months pregnant, claiming he assaulted her after she failed to give her aunt money to buy alcohol.
She further alleged that when she sought medical treatment, her in-laws intimidated her and instructed her to lie about the cause of her injuries, warning that she could lose her job if she spoke out.
’Mathabo told the court that she eventually left the marriage after discovering Phoka’s alleged infidelity. She said although he provided financial support for two months after her departure, it later ceased.
She also claimed that at one point Phoka sent two beetroots and two tins of fish as support for their child, which she described as inadequate given her financial challenges at the time.
A year later, after losing her job and struggling financially, she returned the child to Phoka’s parents but said she continued to contribute towards the child’s upkeep.
Now employed, ’Mathabo told the court she also wished to dissolve the marriage and regain custody of the child, arguing that it would be in the child’s best interests.
Presiding over the matter, Court President Malepene Ntlobo ruled that there was insufficient evidence before the court to prove that a valid marriage existed between the parties.
Without proof of a legally recognised marriage, the court could not entertain the divorce application and consequently dismissed the case.
