A ladies faith in justice restored

On Friday 29th November at Verulam Court, a lady of Indian decent(Indian national), was awarded her first triumph in her quest for Justice.

Pooja Nandkoomar, born in Palampur India through an arranged marriage was brought to South Africa, where she mothered two children. According to Pooja, last year, her husband (a Durban business tycoon) forced her to sign a pre-divorce agreement under threat of sending back to India without ever seeing her children again.

Pooja, who has no family, friends or support base in South Africa, went to the Indian Embassy in Durban for help, who then referred her to attorney Theasen Pillay from TPA Legal.

As the litigation proceeded, Pooja became subject to ongoing abuse and psychological torment. Her husband, Adhil Nandkoomar is alleged to have subjected and treated Pooja in an undignified and inhumane manner.

The Court heard, in addition to the verbal and vulgar abuse, that Pooja was instructed to keep her food separately in a fridge in the garage, how she was not allowed to be in the kitchen or cook her food when Adhil parents' were around.

The Court heard that while Pooja was at work, her washing machine was removed, forcing her to wash her clothes by hand. In papers filed, Pooja claims that her husband noted ejectment to force her into submission to his demands.

When the matter was being argued at Court, Mr Johan Du Toit, from Pearce, Du Toit & Moodie, submitted that Pooja should not annoy her in-laws by being around when they are in the kitchen and other rooms as they have more rights to be there. Du Toit further stated to the Court that Pooja should stay in her room and go to the kitchen when his client's family is done with their work.

Attorney Du Toit went on to claim that he did not see what Pooja is making a fuss about her food being in the fridge -kept in the garage, as the garage is so luxurious that he (Johan) doesn't mind living in it.

Pooja's attorney, Theasen Pillay, lashed out at Johan Du Toit, condemning his statements as unacceptably insensitive, ridiculous and insightful.

Magistrate Ms. V. Naidoo ruled that it was clear that Pooja was emotionally and psychologically abused. Magistrate Naidoo added that Pooja had been treated inhumanely. Naidoo also expressed her concern and displeasure at the arguments raised by Johan Du Toit.

A Protection order has been confirmed against Adhil Nandkoomar.

Theasen Pillay claims that Pearce, Du Toit & Moodie have acted unethically, unbecomingly and have brought the reputation into disrepute by making such callous claims at Court. They have referred the matter to the Legal Practice Council.

When judgement was being handed down, the emotional Pooja broke down in tears of relief that justice prevailed. This after Magistrate Kathuravalu from the same Court had previously stated in open Court that Pooja "went back home because she must have missed the abuse".

TPA Legal reported that the statement was not just demeaning but intolerable from any magistrate and they have reported the matter to the Judicial Commission. That investigation is still pending.