LAW OF PERSONS – DIVORCE PROCEEDINGS – RESTITUTION OF CONJUGAL RIGHTS – A FINAL ORDER OF DIVORCE MAY BE ISSUED IN CIRCUMSTANCES WHERE THERE IS AN EXISTING FINAL PROTECTION ORDER . De Wet v De Wet NAHCMD (30 May 2023)

The plaintiff initiated action against the defendant on 21 January 2023, seeking a restitution order based on the grounds of the defendant's desertion. The parties were married in community of property on 3 November 2007 and had two minor children aged 15 and 6. The elder child resided with the defendant, but the plaintiff sought custody of both children with the defendant having reasonable access. The defendant contested the action by filing a notice to defend on 15 February 2023.

The defendant received the court order but failed to comply. On 29 March 2023, the plaintiff's legal practitioner . . .

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