C.R.B v H.T.B (4273/2017) [2018] ZAECPEHC 17 (10 May 2018)

C.R.B v H.T.B (4273/2017) [2018] ZAECPEHC 17 (10 May 2018)

The court found that the applicant's request for additional volumes of papers under Rule 43(5) was without merit and struck them out, ordering the applicant to bear the costs. Regarding maintenance, the court determined that the applicant was entitled to maintenance pendente lite due to her unemployment and the respondent's contrived claim of penury. The amount claimed was found to be excessive, and the court awarded a reduced sum of R35,000 per month. The applicant was also entitled to remain a beneficiary on the respondent's medical aid and to have her reasonable medical and dental costs covered. The court granted her exclusive use of the Hilux Toyota and ordered a contribution of...

Citation
[2018] ZAECPEHC 17
Parties
Applicant: C.R.B.; Respondent: H.T.B.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
4273/2017
Procedural Posture
Urgent Application / Rule 43 Interim Relief Application Pending Divorce
Outcome
Application granted in part; maintenance pendente lite, medical aid, vehicle use, and contribution towards costs awarded; additional papers struck out; costs orders made.
Judges
D. Chetty
Legal Topics
Maintenance Pendente Lite, Contribution Towards Costs, Rule 43 Procedure, Interim Relief
Family and Children Civil Procedure Maintenance Pendente Lite Contribution Towards Costs Rule 43 Procedure Interim Relief

Case Brief

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Parties

C.R.B.

Applicant

H.T.B.

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief Application Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite and the quantum thereof.
  2. 2 Whether the applicant is entitled to a contribution towards legal costs.
  3. 3 Whether the applicant is entitled to relocation costs.

Ratio Decidendi

The court found that the applicant's request for additional volumes of papers under Rule 43(5) was without merit and struck them out, ordering the applicant to bear the costs. Regarding maintenance, the court determined that the applicant was entitled to maintenance pendente lite due to her unemployment and the respondent's contrived claim of penury. The amount claimed was found to be excessive, and the court awarded a reduced sum of R35,000 per month. The applicant was also entitled to remain a beneficiary on the respondent's medical aid and to have her reasonable medical and dental costs covered. The court granted her exclusive use of the Hilux Toyota and ordered a contribution of...

Court Disposition

Application granted in part; maintenance pendente lite, medical aid, vehicle use, and contribution towards costs awarded; additional papers struck out; costs orders made.

Orders

  • The respondent is ordered to pay the applicant R35,000 per month as maintenance pendente lite.
  • The respondent is ordered to maintain the applicant as a beneficiary on his medical aid and pay all her reasonable medical and dental costs pendente lite.