D.D v F.D (72897/2019) [2020] ZAGPPHC 778 (27 November 2020)

Parties

Procedural Posture

Rule 43 Application / Interim Relief Pending Divorce Proceedings

Legal Issues

1. 1 Whether the applicant and minor child are entitled to interim maintenance and the quantum thereof.
2. 2 Whether the applicant is entitled to a contribution towards legal costs and forensic audit expenses.
3. 3 Whether the applicant may claim maintenance on behalf of the major dependent child.

Ratio Decidendi

The court found that both parties had failed to make full financial disclosure, but the evidence supported that the applicant and minor child were entitled to interim maintenance reflecting their previous standard of living. The applicant's claimed expenses were partially accepted, with the court finding R40,000 per month reasonable for maintenance pendente lite, supplemented by the applicant's rental income. The respondent's financial position, while diminished, was sufficient to meet this obligation. The court held that maintenance for the major child should be arranged directly between the respondent and the child, as the applicant lacked locus standi to claim on the child's behalf....

Court Disposition

Application granted in part; interim maintenance, legal cost contribution, forensic audit, and detailed parental rights and responsibilities ordered.

Orders

• Both parties awarded full parental rights and responsibilities under section 18(2) of the Children's Act; primary residence of minor child with applicant.
• Respondent to maintain contact with minor child as detailed in the order, including alternate weekends, holidays, and daily telephonic contact.