The high court has stripped off the parental rights of a divorced man who subjected his ex-wife and children to years of abuse and neglect.
The judgment, handed down in the KwaZulu-Natal High Court in Durban, lays bare a sustained pattern of cruelty, humiliation and control, detailing how the man repeatedly abused his then-wife, who is a cop, in front of their twin sons.
In another blow, the court ordered that he forfeit all rights, title and interest in his former wife’s pension fund, retirement annuity and their Chatsworth home.
Judge Jacqueline Irene Henriques painted a stark picture of a toxic and volatile marriage, one that she said had a “somewhat long and acrimonious history”.
The couple, who were married in community of property in 2006, separated in 2012 after what the court heard was a deeply troubled relationship marked by allegations of abuse.
The woman described years of “verbal, physical, emotional and financial abuse”. The man, however, accused her of infidelity, and of being physically, emotionally and verbally abusive towards him.
Henriques, however, found the woman to be a credible witness. “The plaintiff [woman] impressed me as a witness. I did not gain the impression that she was lying or trying to paint the defendant in a bad light,” she said.
The man was dishonest when he testified, she said.
The judgment detailed a series of disturbing incidents, including one where the man allegedly twisted his pregnant wife’s arm in public, shoved her to the ground and accused her of infidelity.
During their honeymoon at Sun City, he allegedly poured water over her head for wearing tight jeans.
According to the judgment, for the first couple of years of their marriage the woman was on fertility treatment as she was under pressure from her then-husband to have a child.
“All costs for such fertility treatment were paid for by herself, as this was not covered by her medical aid, and she worked overtime to pay for this,” read the judgment.
When she found out she was pregnant in June 2008 after three years of trying, she bumped into a male colleague who greeted her. The husband then twisted her hand and asked her how long she had been sleeping with the colleague. The two drove home where he “shoved her with both his hands on her chest, causing her to fall backwards”.
At the time, he was fully aware that the woman was pregnant.
In another incident, he is said to have pointed a firearm at her head.
“The defendant, whilst pointing the firearm at her temple, said to her that she must die for not listening to him.”
The court also heard that the abuse extended to the couple’s children, with allegations that the man assaulted one of the boys and failed to properly care for or administer medication to the other during a serious illness.
One of the children later died, with the woman testifying that the man had failed to contribute to medical or funeral expenses.
The surviving son, now 16, has had no meaningful relationship with his father for nearly a decade.
“The defendant, in addition, has not contributed in any way to [the children] financially since 2016, and the plaintiff has solely been responsible for him.
“Given the conduct of the defendant, the lack of an emotional bond to [his surviving son], his failure to contribute to his financial and emotional well-being and the psychological impact he has had on [the son], I am of the view that I ought to grant an order terminating the defendant’s parental responsibilities,” the judge said.
Sowetan