Mom, baby 'evicted' by grandparents after fiancé dies

Share this article: Share Tweet Share Share Share Email Share

Durban - A Tongaat mother and her baby boy are back home thanks to the Durban High Court. The two, whose identities have been withheld by the POST, were not allowed into the house by the child’s paternal grandparents. This after the father died following a period of illness. In court papers, brought on an urgent basis, the child’s 24-year-old mother said she lived with her son’s father but was not legally married to him. She met the 35-year-old financial manager in 2015, and they dated for three years. In 2018, after she fell pregnant with his child, she moved into his home, situated in an estate on the North Coast.

Her partner paid all her medical bills as well as the household bills. Their son was born in January 2019.

According to the woman, the couple planned to marry once her partner’s health had improved. He had issues with his kidneys which required medical treatment.

When his health deteriorated, he gave her his bank card. “I was able to pay the bills, buy our groceries and buy things for our son,” she said. “I ran the home and cared for him.”

After the birth of their son, the man’s brother donated a kidney to him. However, after the transplant, his health deteriorated further. On February 5 this year he died.

According to the affidavit submitted in court, the woman said her family stayed with her on the estate to assist with funeral arrangements and to help her care for her son.

After the funeral, on February 8, she moved in with her family for a short period.

However, when she tried to gain access to the estate on February 22, her access card was blocked.

“I was told by the estate manager and security that his parents instructed them not to allow me into the estate because I was not his legal wife and I had no right to be in his house.”

She was told to leave and her access card taken away.

“I pleaded with them to let me into the home to get my belongings.

“My clothes and our son’s clothes, nappies, toys, and belongings were all at home. The security told me it was not possible as his parents had changed the locks.

“I was shocked that his parents treated me this way. They have no right to treat my son and me in this manner. Even though their son has passed on, our son has a right to live in his father’s home. It is cruel to remove us from the home in this manner.”

She said the grandparents had deprived their grandson of all his belongings.

“He is young and misses his father. He notices his father is no longer around. Removing him suddenly from his home is cruel and unnecessary. It has caused extreme stress for our son and emotional trauma.”

On February 28, the Durban High Court granted an order giving the woman temporary access to the property. The grandparents have until the end of next week to put forward their version to the court.

The grandparents were contacted for comment via their attorney but had not done so at the time of publishing.

Attorney, Rajesh Hiralall, who brought the application on behalf of the mother, said she and her son had moved back to the house.

POST