CL v CJL (3437 / 2022) [2022] ZAWCHC 127; 2023 (1) SA 513 (WCC) (17 June 2022)

CL v CJL (3437 / 2022) [2022] ZAWCHC 127; 2023 (1) SA 513 (WCC) (17 June 2022)

The court held that while parents retain a duty to maintain adult-dependent children who are not self-supporting, the right to claim maintenance for such children in divorce proceedings is procedurally complex. The applicant may claim for expenses incurred in supporting an adult-dependent child living in the common home, but specific claims for tertiary education, equestrian expenses, and a new vehicle are not competent unless the adult-dependent child is joined or files a confirmatory affidavit. The court found the facts insufficient to justify orders for these specific expenses and dismissed those claims. The court granted interim maintenance and related relief for the applicant and the...

Citation
[2022] ZAWCHC 127
Parties
Applicant: CL; Respondent: CJL
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 June 2022
Case Number
3437 / 2022
Procedural Posture
Urgent Application / Interim Relief Pendente Lite in Divorce Proceedings
Outcome
Interim maintenance and related relief granted in part; specific claims for tertiary education, equestrian expenses, and a new vehicle for the adult-dependent child dismissed; costs reserved for trial.
Judges
Wille, J
Legal Topics
Maintenance Pendente Lite, Adult Dependent Child, Locus Standi, Divorce Act, Children S Act
Family and Children Maintenance Pendente Lite Adult Dependent Child Locus Standi Divorce Act Children S Act

Case Brief

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Parties

CL

Applicant

CJL

Respondent

Procedural Posture

Urgent Application / Interim Relief Pendente Lite in Divorce Proceedings

Legal Issues

  1. 1 Does a parent have locus standi to claim maintenance pendente lite for an adult-dependent child in divorce proceedings?
  2. 2 What is the scope of relief available to a parent in respect of an adult-dependent child's expenses under rule 43?
  3. 3 Are specific claims for tertiary education, equestrian expenses, and a new vehicle for the adult-dependent child competent in these proceedings?

Ratio Decidendi

The court held that while parents retain a duty to maintain adult-dependent children who are not self-supporting, the right to claim maintenance for such children in divorce proceedings is procedurally complex. The applicant may claim for expenses incurred in supporting an adult-dependent child living in the common home, but specific claims for tertiary education, equestrian expenses, and a new vehicle are not competent unless the adult-dependent child is joined or files a confirmatory affidavit. The court found the facts insufficient to justify orders for these specific expenses and dismissed those claims. The court granted interim maintenance and related relief for the applicant and the...

Court Disposition

Interim maintenance and related relief granted in part; specific claims for tertiary education, equestrian expenses, and a new vehicle for the adult-dependent child dismissed; costs reserved for trial.

Orders

  • The respondent shall maintain the applicant and the parties’ major child pending the determination of the divorce action under case number 12685 /2021.
  • The respondent shall pay R25,000.00 per month by way of cash maintenance to the applicant and the major child, payable on or before the first day of every month from 1 July 2022, free of set-off or deduction, by debit order or electronic transfer.