The judge said even if the wife had contracted HIV as a result of cheating, there was no proof that her act diminished the joint estate.
A wife who got infected with HIV while her husband remained negative, is entitled to benefit from the joint estate during a divorce settlement. Pexelswhile her husband remained negative, is entitled to benefit from the joint estate during a divorce settlement, ruled the Mpumalanga High Court .
During their marriage, they had one child who is now nine-years-old. The father challenged the paternity of the child, but tests confirmed that he was the father.In the application, the wife said she left the matrimonial home because her husband was never home, he would be away for days without communication and when he was around, he spent time away from home and would always come back late or in the early hours of the morning.
In his counter claim, he wanted the court to order a forfeiter of benefits against the wife due to her HIV positive status. He added that her being positive was a clear sign that she was cheating in their marriage because him and their son were negative. He said given the duration of marriage and her contribution towards the joint estate, a forfeiture either wholly or in part, will unduly disadvantage her.
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