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The woman, identified in court documents as EW, has been dating VH, the man who is the father of her three children, for a considerable amount of time in South Africa’s Cape Town.
The court heard testimony about how throughout the course of their nine-year romantic relationship, VH gave EW around R100,000 every month for upkeep and home costs.
But the R100,000 stopped coming after the couple split up in April 2022 because VH substantially cut up on his monthly contribution.
News24 reports that the family house EW just paid for by a trust under VH's ownership, which the man threatened to break the lease, take custody of his children and evict EW.
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The woman then went to court arguing that the public typically perceived her relationship with her ex-lover as a marriage because they lived together for seven years while they were dating, and frequently addressed each other as husband and wife. Furthermore, she claimed that they shared household maintenance duties.
Judges Judith Innes Cloete and Hayley Maud Slingers, who were sitting on the bench, heard both arguments before dismissing EW's case without awarding cost.
However, another judge, Derek Wille, dissented from the majority opinion and provided a different conclusion. According to IOL, Judge Wille claimed that he would have made a different decision if he had his way because life partners frequently lack protection, which amounts to unfair discrimination that leaves them marginalized and impoverished.
“The discrimination here maintains the traditional power structure in which a male partner dictates the nature of the relationship and, therefore, the consequent entitlement to legal benefits flowing from the relationship,” Wille is quoted to have said.
The outcome of EW vs. VH case has stirred reactions on social media, with many South Africans saying it was a waste of the court’s time, and that it should not have been entertained in the first place. Others too have been consoling the woman that it was a worthwhile battle although she lost it.