AK v RK (10644/2019) [2019] ZAGPJHC 339 (14 August 2019)

AK v RK (10644/2019) [2019] ZAGPJHC 339 (14 August 2019)

The court held that the applicant is entitled to maintenance pendente lite for herself and the two adult children, as both parents have a duty to support children who are not self-supporting and still attending school. The respondent's procedural objection was dismissed, as no substantial prejudice was shown and the respondent was fully aware of the issues to be addressed. The applicant is competent to act on behalf of the children in maintenance proceedings. The respondent has the financial means to provide maintenance, as evidenced by his bank statements and property holdings. The applicant is entitled to reimbursement for school enrolment fees paid and to receive her catering...

Citation
[2019] ZAGPJHC 339
Parties
Applicant: K: A; Respondent: K: R
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 August 2019
Case Number
10644/2019
Procedural Posture
Urgent Application / Application for Maintenance Pendente Lite
Outcome
Application granted. Maintenance pendente lite and ancillary relief ordered in favour of the applicant and the two adult children.
Judges
Twala M L
Legal Topics
Maintenance Pendente Lite, Duty of Support, Adult Children Maintenance, Divorce Proceedings, Rule 43 Applications
Family and Children Maintenance Pendente Lite Duty of Support Adult Children Maintenance Divorce Proceedings Rule 43 Applications

Case Brief

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Parties

K: A

Applicant

K: R

Respondent

Procedural Posture

Urgent Application / Application for Maintenance Pendente Lite

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance for herself and the two adult children pendente lite.
  2. 2 Whether non-compliance with the Rules of Court warrants dismissal of the application.
  3. 3 Whether the applicant is competent to act on behalf of the adult children for maintenance.

Ratio Decidendi

The court held that the applicant is entitled to maintenance pendente lite for herself and the two adult children, as both parents have a duty to support children who are not self-supporting and still attending school. The respondent's procedural objection was dismissed, as no substantial prejudice was shown and the respondent was fully aware of the issues to be addressed. The applicant is competent to act on behalf of the children in maintenance proceedings. The respondent has the financial means to provide maintenance, as evidenced by his bank statements and property holdings. The applicant is entitled to reimbursement for school enrolment fees paid and to receive her catering...

Court Disposition

Application granted. Maintenance pendente lite and ancillary relief ordered in favour of the applicant and the two adult children.

Orders

  • The draft order marked 'X' as amended and annexed hereto is made an order of Court.
  • The respondent is to return the applicant's catering equipment.