C.E.M v H.M.M (79725/2019) [2021] ZAGPPHC 541 (20 August 2021)

C.E.M v H.M.M (79725/2019) [2021] ZAGPPHC 541 (20 August 2021)

The court found that the respondent did not dispute the applicant's financial disclosure forms in his opposing affidavit, and thus the point in limine regarding alleged non-disclosure was dismissed. The respondent conceded to certain reliefs, including payment of the insurance premium, provision of the fuel card, and contribution to educational expenses, with the court granting 30 days for payment of educational shortfalls. The applicant failed to discharge her onus regarding the need for a contribution to legal costs, as she did not provide sufficient evidence of inability to pay or unpaid invoices. Regarding maintenance, the court found that both parties have similar incomes, but the...

Citation
[2021] ZAGPPHC 541
Parties
Applicant: C[....] E[....] M[....]; Respondent: H[....] M[....] M[....]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 August 2021
Case Number
79725/2019
Procedural Posture
Rule 43 Application / Interlocutory
Outcome
The application is granted in part. The respondent's point in limine is dismissed with costs. Relief is granted for maintenance and continuation of specified benefits, but the applicant's claim for a contribution to legal costs is refused.
Judges
Collis
Legal Topics
Rule 43 Interim Relief, Spousal Maintenance, Major Child Maintenance, Contribution to Legal Costs, Financial Disclosure, Pendente Lite Support
Family and Children Civil Procedure Rule 43 Interim Relief Spousal Maintenance Major Child Maintenance Contribution to Legal Costs Financial Disclosure Pendente Lite Support

Case Brief

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Parties

C[....] E[....] M[....]

Applicant

H[....] M[....] M[....]

Respondent

Procedural Posture

Rule 43 Application / Interlocutory

Legal Issues

  1. 1 Whether the respondent should continue paying the insurance premium for the major children's vehicle.
  2. 2 Whether the respondent should continue making available the fuel card for the major children.
  3. 3 Whether the respondent should pay 100% of the shortfall in the major children's study fees not covered by the applicant's employer.

Ratio Decidendi

The court found that the respondent did not dispute the applicant's financial disclosure forms in his opposing affidavit, and thus the point in limine regarding alleged non-disclosure was dismissed. The respondent conceded to certain reliefs, including payment of the insurance premium, provision of the fuel card, and contribution to educational expenses, with the court granting 30 days for payment of educational shortfalls. The applicant failed to discharge her onus regarding the need for a contribution to legal costs, as she did not provide sufficient evidence of inability to pay or unpaid invoices. Regarding maintenance, the court found that both parties have similar incomes, but the...

Court Disposition

The application is granted in part. The respondent's point in limine is dismissed with costs. Relief is granted for maintenance and continuation of specified benefits, but the applicant's claim for a contribution to legal costs is refused.

Orders

  • The respondent's point in limine is dismissed with costs.
  • The respondent is directed to continue paying the insurance premium for the major children's motor vehicle.