REPUBLIC OF NAMIBIA REPORTABLE IN THE HIGH COURT OF NAMIBIA, MAIN DIVISION JUDGMENT Case no: I 1704/2009 In the matter between: VOIGTS HG PLAINTIFF and VOIGTS SE DEFENDANT Neutral citation: Voigts v Voigts (I 1704/2009)[2013] NAHCMD 176 (24 June 2013) DAMASEB, JP Coram: Heard: 03-06 June 2013 Delivered: 24 June 2013 Flynote: Obiter Divorce Namibian divorce law outdated Potentially goes against – – – Article 8 of the Namibian Constitution to be – Seems to violate a person’s dignity required to remain married, with all the obligations which go with marriage, where one clearly does not intend to continue with the marital relationship Urgent reform of – divorce laws needed. Flynote: Matrimonial Divorce Plaintiff suing on the basis of adultery Both parties – – – have entered into adulterous relationships with third parties adultery needs – Plaintiff’s to be condoned first No adultery if plaintiff had thereafter condoned the defendants –
REPUBLIC OF NAMIBIA REPORTABLE IN THE HIGH COURT OF NAMIBIA, MAIN DIVISION JUDGMENT Case no: I 1704/2009 In the matter between: VOIGTS HG PLAINTIFF and VOIGTS SE DEFENDANT Neutral citation: Voigts v Voigts (I 1704/2009)[2013] NAHCMD 176 (24 June 2013) Coram: DAMASEB, JP Heard: 03-06 June 2013 Delivered: 24 June 2013 Flynote: Obiter – Divorce – Namibian divorce law outdated – Potentially goes against Article 8 of the Namibian Constitution – Seems to violate a person’s dignity to be required to remain married, with all the obligations which go with marriage, where one clearly does not intend to continue with the marital relationship – Urgent reform of divorce laws needed. Flynote: Matrimonial – Divorce – Plaintiff suing on the basis of adultery – Both parties have entered into adulterous relationships with third parties – Plaintiff’s adultery needs to be condoned first – No adultery if plaintiff had thereafter condoned the defendants