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Wives fight over hubby who died 10 days after wedding

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By MANQOBA NXUMALO - SWAZI TIMES-22-Aug-2009

MBABANE- A woman whose husband died 10 days after their wedding has been denied permission to bury him at Ngculwini in the district of Manzini.

Yesterday, Judge Qinisile Mabuza dismissed an urgent application brought by Titus Khoza (the deceasedís biological father) and Thandi Khoza (his new wed) to have Timothy Khoza buried at Ngculwini and that his other wife, Miriam, be stopped from arranging her own burial place.

Thandi had averred that when she married the deceased on May 30, 2009 the deceased had divorced with Miriam.

She said a final decree of divorce was granted on June 27, 2005 and produced a court order as proof of her assertions.

However, the deceasedís other wife, Miriam, denied that a final decree of divorce had been granted. She alleged that her marriage to the deceased was never dissolved and that the marriage of Thandi to the deceased was useless as it was contracted, while there was already a valid existing civil rites marriage between the deceased and herself.

However, Judge Qinisile Mabuza found that there was no final decree of divorce granted to the deceased. She said this meant that the deceased was still married to Miriam and ordered that the civil marriage between Thandi to the deceased was null and void.

"My finding does not in anyway affect the second applicantís rights and ownership of her home at Ngculwini that she shared with the deceased.

"The law relating to the custom of kukhonta is governed by Swazil Law and Custom. The order of the court is as follows; the application is dismissed and each party is ordered to pay its own costs," read the judgement


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