Plaintiff filed for divorce from her abusive husband after he threatened to kill her. Under Namibian law, before a judge can issue a final divorce decree, the plaintiff must ask the defendant to restore his or her conjugal rights. This process effectively requires the filing spouse to give the other party, in this case an abusive husband, a chance to re-enter the marital home to restore his/her conjugal rights. The High Court of Namibia (“High Court”) recognized the danger of applying this requirement in domestic violence cases, where the respondent may use the judicially-mandated restitution of conjugal rights as an opportunity to access and further abuse the filing spouse. In light of this risk, the High Court held that a spouse who files for divorce based on acts of domestic violence is exempt from the restitution of conjugal rights requirement.
S. v. S.