Contained in this framework, polygamous ple, religious and you may typical marriages which might be similar to the laws of international places

Contained in this framework, polygamous ple, religious and you may typical marriages which might be similar to the laws of international places

122 Predicated on it, the marriage between your plaintiff and her partner is valid to own the purposes of Southern Africa’s traditional legislation. 123 Regardless of it, the brand new Judge, immediately after as a result of the evidence before it, figured the newest plaintiff’s husband wasn’t an event so you’re able to good relationship or connection and therefore Southern area African rules recognises as a marriage and you may which will be an obstacle for the next marriage for the regards to the marriage Work. 124

For reason for immigration legislation, the word “spouse” is set to mention to help you “someone who are an event so you can (a) a wedding; or a customary connection; otherwise (b) a permanent homosexual otherwise heterosexual matchmaking as the given

The latest Judge proceeded to examine exactly what constitutes a good “spouse” or the identity could be discussed, and you can whether or not the relationships complied on the immigration criteria out of a beneficial appropriate ily laws, the definition of “spouse” is actually wide sufficient to is “the fresh new widow regarding a good polygamous but de facto monogamous Muslim relationship”. 125 In a thin sense, the word border spouses in order to a civil wedding, a customary marriage, a municipal partnership and you can an effective Muslim matrimony. Continua a leggere