CASE NO: (P) I

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and
DEFENDANT

DEFENDANT’S COUNTERCLAIM

The defendant is the plaintiff in reconvention. The plaintiff is the defendant in

reconvention. For the sake of convenience the parties are referred to as in
convention.

1.
Paragraphs 1, 2, 3, 4 and 5 of plaintiff’s particulars of claim are reiterated
herein mutatis mutandis for purposes hereof.

2.
During the subsistence of the marriage between the parties the plaintiff acted
with the fixed and malicious intent to terminate the marital relationship
between the parties and more specifically in that she:

2.1. constantly elicited unnecessary quarrels with the defendant;

2.2. showed the defendant no love and affection;

2.3. showed no interest in the continuation of the marriage;

2.4. denied the plaintiff marital rights since approximately May

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2008;

2.5. frequently threatened to file for divorce;

2.6. informed defendant that she does not love him anymore;

2.7. refused to communicate with the defendant;

2.8. moved out of the common bedroom in December 2008 and

out of the common home in October 2009;

2.9. refused to assist in his business since May 2009.

3.
In the premises the plaintiff has wrongfully, maliciously and/or constructively
deserted the defendant, in which desertion she persists.

WHEREFORE defendant claims:

1. (a) An order for the restitution of conjugal rights and failing

compliance therewith.

(b) A final order of divorce.

2. An order that the defendant be granted custody and control of the

minor children subject to the plaintiff’s rights of reasonable access.

3. An order that the plaintiff pays maintenance to the defendant in

respect of the minor children in the amount of N$1,000.00 per month
per child.

4. An order directing the plaintiff to pay 50% of all medical, dental,

ophthalmological and pharmaceutical (on doctors’ prescription)
expenses of the aforesaid minor children.
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5. An order directing the plaintiff to pay 50% of all education costs,

costs relating to extra mural activities and books and stationary of the
minor children whilst they attend school and that he further pays all
costs in respect of tertiary and university education, including the
costs of hostel or alternative accommodation (should the children
show an aptitude therefore and make reasonable progress therein
and insofar as such costs are not covered by bursaries).

6. Forfeiture of the benefits of the marriage arising out of community

of property.

7. Costs of suit.

8. Further and/or alternative relief.

DATED at WINDHOEK on this       day of FEBRUARY 2010.

......................................................
LEGAL PRACTITIONERS
FOR DEFENDANT

TO: THE REGISTRAR OF THE

HIGH COURT OF NAMIBIA
WINDHOEK

AND TO:
LEGAL PRACTITIONERS
FOR PLAINTIFF
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COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
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