No legal duty to disclose an extramarital affair, High Court rules | News24

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A man who claimed damages against his ex-wife for 'fraud', because she did not disclose that she had an extramarital affair resulting in the birth of their third child, has lost his case. | GroundUp_News

Gallo Images/Jacques Stander

The man, identified only as MN in the ruling handed down by Bloemfontein High Court Judge Corné van Zyl, was claiming R1.4 million for the support he had paid for the youngest child following the couple’s divorce. However, about three years later, it was established through blood tests that the youngest child was not MN’s biological child.His ex-wife denied she had acted fraudulently and said they were both under the"mutual impression" that the child was his.

While he suspected that his ex-wife had had a relationship with a pastor, in her evidence she said she had had a one-night stand with a man she met through work.She had been"shocked" by the DNA results.

 

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