Law steps in to keep customary marriage

19 November 2015 - 02:16 By Staff Reporter

The Durban High Court granted an order yesterday to regulate a customary marriage between a couple married under Zulu law. The husband had concluded two subsequent marriages - a customary marriage and a civil marriage. Both were declared invalid.The customary wife (known as SN) was represented by the Legal Resources Centre. She approached the centre to assist her in protecting her rights in her customary marriage.On May 28 2012, SN was married to her husband (known as BM) at Nkandla by the induna of the Cunu Traditional Council, in accordance with Zulu customary law.According to the Recognition of Customary Marriages Act, she is viewed as being married in community of property.The Matrimonial Property Act also applies to a customary marriage, giving customary-law wives equal standing to civil-law wives.When she was pregnant with their third child, the LRC said she found out that her husband had entered into a second customary marriage.This ceremony was also held at Nkandla in terms of customary law, despite her not giving her consent.Then, in October 2013, SN was informed by a person identified as NM that she, too, had married BM, at the Department of Home Affairs."Together with setting aside the two subsequent marriages, the court further ordered that SN be entitled to register her customary marriage," the LRC said yesterday.The legal centre hopes that the order encourages women in similar matrimonial situations to register their customary marriages...

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