longer continue living with her as husband and wife, as the substratum of the marriage on his part, had dissipated. Held that- the action of contumelia and loss of consortium had lost their lustre, as they are no longer in consonance with the constitutional values of privacy, dignity and equality. Held further that- were other means available to society for protecting the family other than through the claim based on adultery. Held further that Society no longer the act of adultery with the same degree of – disapprobation, as has always been the case. Held further that that the role of the guilty spouse in the disintegration of the marriage – is underplayed, giving prominence to the role of the third party, when the guilty spouse may have been the one who initiated the extra-marital affair. ORDER The plaintiff’s claims for contumelia and loss of consortium are dismissed. There is no order as to costs. JUDGMENT MASUKU J,; Introduction, history and nature of the dispute [1] The plaintiff in this matter is a woman who was married to one George Andrew Van Straten in Walvis Bay, within this court’s jurisdiction.
longer continue living with her as husband and wife, as the substratum of the marriage on his part, had dissipated. Held that- the action of contumelia and loss of consortium had lost their lustre, as they are no longer in consonance with the constitutional values of privacy, dignity and equality. Held further that- were other means available to society for protecting the family other than through the claim based on adultery. Held further that – Society no longer the act of adultery with the same degree of disapprobation, as has always been the case. Held further that – that the role of the guilty spouse in the disintegration of the marriage is underplayed, giving prominence to the role of the third party, when the guilty spouse may have been the one who initiated the extra-marital affair. ORDER The plaintiff’s claims for contumelia and loss of consortium are dismissed. There is no order as to costs. JUDGMENT MASUKU J,; Introduction, history and nature of the dispute [1] The plaintiff in this matter is a woman who was married to one George Andrew Van Straten in Walvis Bay, within this court’s jurisdiction.
Van%20Straten%20v%20Bekker%20(I%206056-2014)%20[2016]%20NAHCMD%20243%20(25%20August%202016).docx