D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)

D.B v B.J.B (40/2024) [2024] ZAFSHC 112 (18 April 2024)

The court found that while the applicant's claimed monthly maintenance was excessive, she was entitled to reasonable maintenance pendente lite, set at R10,000 per month. The court considered both parties' age, health, and financial circumstances, noting the respondent's reduced earning capacity and the applicant's own income and assets. The claim for relocation costs was rejected as exorbitant and not justified on the facts. The request for a contribution towards legal costs was also denied, given the applicant's available funds. The respondent was ordered to continue paying the FNB bond and to reinstate the applicant's vehicle and iPad on his insurance, as these were reasonable interim...

Citation
[2024] ZAFSHC 112
Parties
Applicant: D[...] B[...]; Respondent: B[...] J[...] B[...]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 April 2024
Case Number
40/2024
Procedural Posture
Urgent Application / Rule 43 Application for Interim Relief Pending Divorce
Outcome
Application granted in part; interim maintenance, bond payment, and insurance reinstatement ordered. Relocation costs and contribution to legal costs refused.
Judges
MGUDLWA, AJ
Legal Topics
Rule 43 Interim Relief, Maintenance Pendente Lite, Contribution to Legal Costs, Relocation Expenses, Bond Payment, Short Term Insurance
Family and Children Civil Procedure Rule 43 Interim Relief Maintenance Pendente Lite Contribution to Legal Costs Relocation Expenses Bond Payment Short Term Insurance

Case Brief

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Parties

D[...] B[...]

Applicant

B[...] J[...] B[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Interim Relief Pending Divorce

Legal Issues

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

Ratio Decidendi

The court found that while the applicant's claimed monthly maintenance was excessive, she was entitled to reasonable maintenance pendente lite, set at R10,000 per month. The court considered both parties' age, health, and financial circumstances, noting the respondent's reduced earning capacity and the applicant's own income and assets. The claim for relocation costs was rejected as exorbitant and not justified on the facts. The request for a contribution towards legal costs was also denied, given the applicant's available funds. The respondent was ordered to continue paying the FNB bond and to reinstate the applicant's vehicle and iPad on his insurance, as these were reasonable interim...

Court Disposition

Application granted in part; interim maintenance, bond payment, and insurance reinstatement ordered. Relocation costs and contribution to legal costs refused.

Orders

  • The respondent must pay maintenance to the applicant in the amount of R10,000.00 per month on or before 30 April 2024 and thereafter on the last day of each succeeding month.
  • The respondent is ordered to continue payments in respect of the FNB bond over the communal property situated in Hoopstad.