A.B v C.C.B (1931/2020) [2023] ZAECMKHC 14 (16 February 2023)

A.B v C.C.B (1931/2020) [2023] ZAECMKHC 14 (16 February 2023)

The court found that, although there have been changes in the parties' circumstances—namely, the respondent's employment and the son attaining majority—these do not justify a variation of the existing Rule 43 order. The applicant failed to provide sufficient evidence of a material change in his financial position and did not make full disclosure of his means. The court was not persuaded that the applicant is unable to contribute to the respondent's maintenance pendente lite. Consequently, the application for variation was dismissed.

Citation
[2023] ZAECMKHC 14
Parties
Applicant: A[...] B[...]; Respondent: C[...] C[...]-B[...]
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
16 February 2023
Case Number
1931/2020
Procedural Posture
Urgent Application / Rule 43(6) Variation Application
Outcome
Application dismissed with costs.
Judges
Beshe
Legal Topics
Maintenance Pendente Lite, Rule 43 Variation, Material Change in Circumstances, Divorce Proceedings
Family and Children Civil Procedure Maintenance Pendente Lite Rule 43 Variation Material Change in Circumstances Divorce Proceedings

Case Brief

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Parties

A[...] B[...]

Applicant

C[...] C[...]-B[...]

Respondent

Procedural Posture

Urgent Application / Rule 43(6) Variation Application

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying the variation of the Rule 43 order.
  2. 2 Whether the applicant has made full and frank disclosure of his financial circumstances.
  3. 3 Whether the respondent's attainment of employment and the son reaching majority warrant a reduction in maintenance.

Ratio Decidendi

The court found that, although there have been changes in the parties' circumstances—namely, the respondent's employment and the son attaining majority—these do not justify a variation of the existing Rule 43 order. The applicant failed to provide sufficient evidence of a material change in his financial position and did not make full disclosure of his means. The court was not persuaded that the applicant is unable to contribute to the respondent's maintenance pendente lite. Consequently, the application for variation was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application for variation of the Rule 43 order is dismissed.
  • The applicant is ordered to pay the costs of the application.