A 20-year marriage has descended into a bitter legal battle, with a Ha Abia woman asking the court to end her union after accusing her husband of assault and infidelity.
The husband, on the other hand, accuses the woman of excessive drinking and bringing other men into her home.
Mampho Lechoba, 37, is seeking the dissolution of her customary marriage to Thebane Lechoba, 47, in the Matala Local Court.
The couple married under Sesotho customary law in 2006 after an agreement between their families, which included the payment of three cattle as Mahali (lobola). They have two children, a 20-year-old son and a 15-year-old daughter.
Mampho told the court this week that the marriage had broken down irretrievably, alleging that Thebane assaulted and insulted her and at times forced her to sleep outside without blankets.
She said their relationship had deteriorated to the extent that they no longer lived peacefully together. She also alleged that Thebane did not want her to have friends, despite maintaining friendships himself.
Mampho further accused her husband of fathering a child outside the marriage.
She also raised an allegation involving the daughter of one of Thebane’s friends. She told the court that Thebane allegedly pursued the girl, who later returned home crying after he allegedly told her to kiss him.
Thebane disputed Mampho’s account of the marriage breakdown, instead accusing her of frequently staying away from home and returning late.
He told the court that Mampho sometimes left on Fridays and returned on Mondays after travelling to Bloemfontein. He further alleged that she spent considerable time drinking and sometimes returned home in the early hours of the morning.
Thebane said the situation eventually led to Mampho leaving with some household belongings, including dishes, a bed and a table. He said she was assisted by her uncle, who provided a vehicle to transport the property.
He told the court that he had tried to persuade her to return home and that the couple had once been reconciled, but the reconciliation did not last.
Thebane also accused Mampho of excessive drinking, alleging that he once found her at a drinking place where she was the only woman among men who were drinking.
The couple’s son also became central to the dispute.
Thebane alleged that the boy once found Mampho sleeping with another man in the house. He said the child fought the man in Mampho’s family home at Ha Matala where he found them.
According to Thebane, the boy later came to him crying and explained what he had witnessed. He further alleged that the man involved with Mampho had threatened to kill him.
Mampho asked the court to dissolve the marriage, saying she no longer believed the relationship could be repaired.
She also asked that the children remain in her care, alleging that Thebane does not have sufficient time for them. She accused him of exposing their son to criminal behaviour by allegedly taking him out at night to steal.
Thebane opposed the divorce, saying he still loved his wife and believed their marriage could be repaired.
He told the court that he did not know how their relationship had reached its current state but maintained that he wanted to preserve the family.
However, should the marriage be dissolved, Thebane said he wanted to live with the children.
He expressed concern about the couple’s teenage daughter, alleging that Mampho drinks and brings men to the place where she lives. He said he feared for the girl’s safety because of the men around her mother.
The dispute also brought the couple’s property and financial affairs before the court.
Court President Manthuntsi Nts’ala postponed the case to today, to allow the parties an opportunity to discuss how their property should be divided.
Thebane was also directed to produce evidence, including a bank statement, showing whether he has any investments.
The court will consider the parties’ submissions and evidence before determining the outstanding issues surrounding the marriage, property and the children.
