This is an interesting case heard in the Bloemfontein High Court. An ex-husband sued his ex-wife for damages for fraud because she failed to disclose an extra marital affair. He found out after the divorce proceedings that his third child was not his. He informed the Court that he had brought up this third child believing it was his child. The ex-wife also believed the child was his child.
The Honourable Judge Van Zyl said in his judgment that there was no legal duty to disclose an affair. The facts further showed that she always believed the child was his.
Th Court said such a claim was against public policy and was not in the best interests of the child. As a result the case was dismissed.