In ''Govender v Ragavayah'',Govender v Ragavayah NO and Others (6715/08)

008 008, OO8, O08, or 0O8 may refer to: * The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh *"030", the fictional 030 Agent of MI6 * '' 038: Operation Exterminate'', a 1965 Italian action film * '' Explosivo 030'' a 1940 Argentine c ...

ZAKZHC 86; 2009 (3) SA 178 (D);

009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight 9 * ...

1 All SA 371 (D) (6 November 2008
www.saflii.org
/ref> an important case in the

South African law of succession The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's esta ...

, the applicant was a woman married in terms of

Hindu rites Samskara (IAST: , sometimes spelled ''samskara'') are sacraments in Hinduism and other Indian religions, described in ancient Sanskrit texts, as well as a concept in the karma theory of Indian philosophies. The word literally means "putting to ...

, whose husband had died intestate. Accordingly, the parents of her husband stood to inherit his estate. The court noted that

Hindu Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...

marriages were not recognised in South African law, which violated section 9 of the Constitution. Accordingly, the court ordered that the definition of “

spouse A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social ...

” in section 1 of the Intestate Succession Act include the surviving spouse of a monogamous Hindu marriage. It is important to note that the ambit of this judgment was restricted to ''de facto''

monogamous Monogamy ( ) is a form of Dyad (sociology), dyadic Intimate relationship, relationship in which an individual has only one Significant other, partner during their lifetime. Alternately, only one partner at any one time (Monogamy#Serial monogamy, ...

Hindu marriages.

References

* ''Govender v Ragavayah NO and Others'' 2009 (3) SA 178 (D). South African persons case law 2009 in South African law 2009 in case law Law of succession in South Africa {{SouthAfrica-case-law-stub

See also

References