By Delisa Thwala
Magistrate of the Mbabane court Innocent Motsa stunned the court and a separated couple when he threw out their divorce application and further gave them a 30-minute break to come up with a solution to the failing marriage.
“The reason you are citing for a divorce is not reason enough for me to grant you one, there needs to be strong and valid reasons for a divorce not what you are telling me,” Said Motsa before adjourning the court.
Melvin Mohamed, who was the applicant, told the court he and his wife had fallen out of love and decided to first separate then file for a divorce.
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In addition, he told the court that they were joined in matrimonial vows in May 2021, at the Mpolonjeni family home. The couple had no children together but had children of their own.
“I had a year-old baby when we got married and she had her own children. During this marriage I could not have my child visit and when the child did visit there would always be arguments between me and my wife,” said Mohamed.
He further revealed that in 2023 he moved to Taiwan, and this caused a shift in the marriage because he was not around often.
The couple during the marriage resided in Manzini ka Shali. To this Motsa responded and told the couple there was no reason enough to grant divorce.
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“People fall out of love every day, maybe if someone cheated or abandoned the marriage then divorce would be granted. Note that it is very hard to get out of marriage,” said Motsa.
An article published in 2022 in True Love magazine elaborated that all divorce cases begin the same way-one side files a petition for the dissolution of marriage with the court.
However, sometimes the divorce never makes it any further along in the process because of a problem with the marriage or the petition.
Moreover, issues may cause the court to dismiss the petition at the very start of the process.