Request for permission to marry teen fails in court

One of the more unusual cases to have been filed with the High Court this year, was brought to a swift conclusion by Judge Gerhard Maritz yesterday.

The Judge dismissed an application in which the court was asked to permit a 14-year-old girl, Irene Grobler, to marry her boyfriend, Sean Naude, who is aged 29, with the explanation that the application in the High Court was “both premature and misplaced”.

In terms of the 1961 Marriages Act, the Judge pointed out to the pair, a person under the age of 18 is prohibited from getting married unless the person has obtained the written permission of the Minister of Home Affairs or an official whom the Minister has authorised.

The upshot of Judge Maritz’s explanation was that the written permission that Grobler’s parents gave for her to marry Naude, did not suffice at this stage.

Only if Grobler and Naude were aggrieved by his decision once the Minister’s permission had been asked, would they be able to approach the High Court to ask to be allowed to marry.In affidavits that they have filed with the court, Grobler and Naude declared that they were engaged to each other, wanted to marry and be together, and that each of them regarded Grobler to be a mature woman.

In a second affidavit that Naude filed, he also stated:”My intentions for Irene are pure and of love and I plead for your (the court’s) mercy in this matter.”

For now, though, the couple appear to have no choice but to wait some time longer to be married, as they would still have to pass the hurdle of the Home Affairs Minister’s consent before they would be able to officially exchange wedding vows.In terms of the 1961 Marriages Act, the Judge pointed out to the pair, a person under the age of 18 is prohibited from getting married unless the person has obtained the written permission of the Minister of Home Affairs or an official whom the Minister has authorised.

The upshot of Judge Maritz’s explanation was that the written permission that Grobler’s parents gave for her to marry Naude, did not suffice at this stage.

Only if Grobler and Naude were aggrieved by his decision once the Minister’s permission had been asked, would they be able to approach the High Court to ask to be allowed to marry.In affidavits that they have filed with the court, Grobler and Naude declared that they were engaged to each other, wanted to marry and be together, and that each of them regarded Grobler to be a mature woman.

In a second affidavit that Naude filed, he also stated:”My intentions for Irene are pure and of love and I plead for your (the court’s) mercy in this matter.

“For now, though, the couple appear to have no choice but to wait some time longer to be married, as they would still have to pass the hurdle of the Home Affairs Minister’s consent before they would be able to officially exchange wedding vows.