Cape Town woman wants R9m after discovering husband of six years is gay

[schumi]

A Cape Town woman whose six-year marriage fell apart when her husband told her he was gay has sued for R9m in damages.

The woman’s application to the high court in Cape Town asked for R5m for emotional pain and psychological trauma, and R4m for loss of income and “financial prejudice”.

“The basis for the damages claim and the extraordinary sums which are sought ... is that the [husband] is alleged to have ‘misrepresented’ to her, prior to their marriage, that he was a heterosexual male who wished to marry her so that they could have children in a heterosexual, monogamous marriage,” judge Mark Sher said in his judgment on Wednesday.

Two months before the couple’s sixth wedding anniversary, the husband told her he was gay, “since which time they have no longer lived together as man and wife”, said Sher.

“[The wife] avers that until this revelation in September 2018 she was unaware of [her husband’s] sexual orientation.”

The woman’s claims were made in a rule 43 application, which is a legal procedure that can be used to resolve issues such as maintenance and custody during the interim period before a divorce is finalised.

Sher struck the application from the roll and ordered the woman’s attorney to forfeit his fees and pay her husband’s costs. He said Fareed Moosa had thrown everything but “the proverbial kitchen sink” into a 368-page application which was supposed to be a summary.

In his order, the judge described Moosa’s approach as an “irregular step and an abuse of process”, and said the application must not be re-enrolled unless it was done in accordance with rule 43.

Elsewhere in his judgment he said the “wide-ranging and egregious abuse of process” had already produced bills from Moosa totalling more than R206,000, “which no doubt explains the extraordinary amount of R400,000 which was claimed [from the husband] as a contribution to [the wife’s] costs”.

Said Sher: “The first part of [the wife’s] affidavit is largely devoted to narrating, in the finest and most intimate detail, how [the husband] came to reveal that he was homosexual.

“It goes on to set out in further explicit detail the contents of highly private and personal communications.

“In similar vein, [the wife] makes reference to the outcome of internet searches which she conducted in relation to [the husband’s] private internet browsing activity, and even the contents of very private and personal communications between him and his priest are set out.

“Publication of this material could be said to constitute an unjustified breach of [the husband’s] right to privacy, if not that of [the wife] herself.”

More at : https://www.timeslive.co.za/news/so...fter-discovering-husband-of-six-years-is-gay/

 

[ponder]

@EMAM ?

 

[wizardofid]

@EMAM ?

lol i dont think so.I think for the most she has moved on.

That said I dont agree with judge, sure the damages claimed is insane. Unless the husband is extremely wealthly I wouldnt award more then 200-300k.

Shyte happened, but the husband essentially called quits, which in my opinion at least is completely unfair to the wife.

That said thank goodness we still no america concering the type of lawsuits filed there. lol

 

[Lucas Buck]

She should have bought a strapon and told him that she identifies as a man.

 

[NarrowBandFtw]

Was her gaydar just completely broken the whole time?!?

and is he really gay, or just so gatvol of her that he's willing to pretend to be?

 

[SaiyanZ]

Was her gaydar just completely broken the whole time?!?

and is he really gay, or just so gatvol of her that he's willing to pretend to be?

Did they meet and get married for 6 years without jumping in the sack at all?

- If they did, is he still gay?
- If they didn't, did she think she was just playing hard to get for 6+ years?

 

[noxibox]

That said I dont agree with judge, sure the damages claimed is insane. Unless the husband is extremely wealthly I wouldnt award more then 200-300k.

Shyte happened, but the husband essentially called quits, which in my opinion at least is completely unfair to the wife.

I don't see why that should entitle her to any significant payout. If she gave up a career then compensation for lost ground and earnings. But beyond that I don't see why she is entitled to any money because he broke up with her nor because he lied to her. Yes, it is unfair. But at what point should people be paying money to their ex just for breaking up with them? Because it's always unfair when someone decides they want to break off a relationship. Besides something like lost earnings/career potential the only thing she should get is whatever she agreed to in her marriage contract.

 

[wizardofid]

I don't see why that should entitle her to any significant payout. If she gave up a career then compensation for lost ground and earnings. But beyond that I don't see why she is entitled to any money because he broke up with her nor because he lied to her. Yes, it is unfair. But at what point should people be paying money to their ex just for breaking up with them? Because it's always unfair when someone decides they want to break off a relationship. Besides something like lost earnings/career potential the only thing she should get is whatever she agreed to in her marriage contract.

And their in lies the problem you have entered into a contract with a party. Infidelity in a marriage by the husband, you better pucker up and get Vaseline, why can't it be applied to other areas as well.Why does the worse of the worse get frowned upon. But a man deciding I am walking out on our marriage because I am gay, is treated okay here have a free pass, we totally understand, regardless of breaking your contract and fking over your wife of 6 years, we understand.

It would be the same for me if the wife ends up a lesbian, you broke a contract and there should be consequences.That said it should be reasonable and fair.

 

[SaiyanZ]

and fking over your wife of 6 years

I though she's suing because she didn't get fscked.

 

[wizardofid]

I though she's suing because she didn't get fscked.

lol that too

 

[MrGray]

I don’t think people understand that many men who are unsure of their sexuality can still have heterosexual relationships (and straight sex). I’ve seen it a lot over the years especially with the guys who marry their long term “childhood sweethearts”. They were typically a couple from school days and they just follow the logical progression, usually suppressing their gay tendencies until they reach a point where they can’t, and then all hell breaks loose.

 

[Lucas Buck]

Sher also criticised a detailed estimate of legal costs Moosa prepared for the wife’s divorce case, totalling at least R946,000.

“By any standard this seems to be an excessive amount ... notwithstanding the parties’ societal standing, [the husband’s] alleged means and the scale of the litigation thus far,” he said.

Lawyers...

 

[MrGray]

And their in lies the problem you have entered into a contract with a party. Infidelity in a marriage by the husband, you better pucker up and get Vaseline, why can't it be applied to other areas as well.Why does the worse of the worse get frowned upon. But a man deciding I am walking out on our marriage because I am gay, is treated okay here have a free pass, we totally understand, regardless of breaking your contract and fking over your wife of 6 years, we understand.

It would be the same for me if the wife ends up a lesbian, you broke a contract and there should be consequences.That said it should be reasonable and fair.

This is a bit harsh. For some people coming to a full awareness and acceptance of their sexuality is something that only happens later in life. It’s not something you can control in a contract. Would you rather they both live a lifetime of misery for the sake of a marriage contract?

 

[wizardofid]

This is a bit harsh. For some people coming to a full awareness and acceptance of their sexuality is something that only happens later in life. It’s not something you can control in a contract. Would you rather they both live a lifetime of misery for the sake of a marriage contract?

Would you apply leniency for infidelity ? I never said they should stay together. But neither should any party be allowed just to wave good bye, if the intention and expectation is that of a life time commitment and having made sacrifices financially and otherwise.

 

[Grant]

Said Sher: “The first part of [the wife’s] affidavit is largely devoted to narrating, in the finest and most intimate detail, how [the husband] came to reveal that he was homosexual.

 

[dualmeister]

You married him. Idiot

 

[MrGray]

Would you apply leniency for infidelity ? I never said they should stay together. But neither should any party be allowed just to wave good bye, if the intention and expectation is that of a life time commitment and having made sacrifices financially and otherwise.

If there are reasonable financial issues for him to settle, such as a possible sacrifice of income on her part then I agree he should settle that. The rest is not a matter for a court. We are not a backward country where infidelity is a crime.

 

[borro]

wants R9m

 

[chefdude98]

Cape Town probably has the highest amount of closeted men.

Most of the guys that send me messages on grindr are either married/bi curious /hella deep in the closet.