IN a recent High Court ruling, Judge JP Daffue dismissed an urgent application concerning burial rights between an estranged wife and the family of the deceased, who passed away on October 12.
The deceased’s wife sought an interdict to prevent his funeral from being held in Hertzogville, as arranged by the deceased’s mother.
Instead, she argued that as his lawful spouse she had the right to bury him in Boshof, where they had resided during their marriage.
She argued that her marriage to the deceased entitled her to make burial arrangements, despite their estrangement since 2021 and ongoing divorce proceedings.
The deceased’s family countered that he had expressed a clear desire to be buried next to his father in Hertzogville and that he had been living with a new partner, accepted by the family, for several years.
Judge Daffue weighed evidence including the deceased’s estrangement from his wife, his relationship with his life partner and his family’s support.
He concluded that fairness required respecting the deceased’s expressed wish to be buried in Hertzogville.
The court dismissed the application, with each party ordered to cover their own costs. – Staff Reporter