“Take your panties and your toothpaste and f--k off from my holiday home!”
A woman from Victoria Bay, on the Cape south coast, said this abusive demand from her husband had forced her to ask the court to prevent her eviction from the house she’s living in, pending the outcome of their divorce case.
Her application was granted and the man has been ordered not to sell or lease the house.
He’s also been ordered to move out of the house, which he maintained was his “holiday home”.
The couple were married in 2008 and lived in another province. They moved to Victoria Bay last year.
In October, the man moved back to their previous home, but returned to Victoria Bay in early December, shortly after his wife had instituted divorce proceedings against him.
She obtained a protection order against him on December 12 and, in her court papers, said that after she had launched the divorce case, his behaviour towards her had become aggressive and inappropriate.
During the festive season, her mother had fallen ill and she was forced to return to their previous home. Without warning, her husband had also moved back into the Victoria Bay home on January 14.
According to the woman, she saw security camera footage which showed him kissing and fondling another woman during this time.
On January 21, she informed him that she was returning on the 24th and that he had to pack up and leave.
However, she then discovered that he had changed the access codes of the home’s security system, garage and alarm.
He later did allow her access, but only to certain rooms. According to the woman, they had had many arguments and he had verbally abused her.
On January 28, she brought an interim application for relief pending the outcome of the divorce proceedings and also relied on the provision of the protection order.
In his response, the husband denied that he had made his wife’s life unbearable and argued that, despite their differences, they could still live together. He said he would never give her any reason to fear him, as he had never abused or insulted her.
He also denied refusing her access to any part of the Victoria Bay home, except the master bedroom. According to his wife, however, this was because his girlfriend was sleeping there and was even wearing her (the wife’s) dressing gown.
The man admitted that he was “romantically” involved with another woman, but said he was entitled to do so, since he and his wife were getting divorced.
He also maintained that his wife had made no monetary contribution to the purchase of the “holiday home” and therefore had no claim on it.
The woman’s legal team argued that her husband had threatened to sell the Victoria Bay home, or to bring homeless people from the streets to live in it.
In his judgment, Judge Derek Wille said that the husband had provided no evidence that the Victoria Bay home was a “holiday home” and that his conduct had reflected a reasonable degree of abuse.
The divorce case will be heard before the court later this year.