E.L.R v W.O.R (3541/2017) [2018] ZAECPEHC 67 (8 November 2018)

E.L.R v W.O.R (3541/2017) [2018] ZAECPEHC 67 (8 November 2018)

The court found that the applicant is unemployed and her expenses are reasonable and not excessive. The respondent, a Captain in the SAPS, earns R32,000.00 gross and R16,000.00 net per month but failed to provide sufficient justification for his inability to pay the claimed maintenance. The respondent did not file any affidavits and showed a lack of willingness to meet his lawful obligations. The applicant provided sufficient facts to justify the granting of maintenance pendente lite and a contribution to costs.

Citation
[2018] ZAECPEHC 67
Parties
Applicant: E L R; Respondent: W O R
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
8 November 2018
Case Number
3541/2017
Procedural Posture
Urgent Application / Rule 43 Application for Interim Maintenance Pending Divorce
Outcome
Application granted: maintenance pendente lite and costs awarded to applicant.
Judges
AH Shene
Legal Topics
Maintenance Pendente Lite, Rule 43 Procedure, Contribution to Costs
Family and Children Maintenance Pendente Lite Rule 43 Procedure Contribution to Costs

Case Brief

Summary, issues, holding and outcome

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Parties

E L R

Applicant

W O R

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Interim Maintenance Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite from the respondent.
  2. 2 Whether the amount claimed by the applicant is reasonable given the marital standard of living.
  3. 3 Whether the respondent has the ability to pay the maintenance sought.

Ratio Decidendi

The court found that the applicant is unemployed and her expenses are reasonable and not excessive. The respondent, a Captain in the SAPS, earns R32,000.00 gross and R16,000.00 net per month but failed to provide sufficient justification for his inability to pay the claimed maintenance. The respondent did not file any affidavits and showed a lack of willingness to meet his lawful obligations. The applicant provided sufficient facts to justify the granting of maintenance pendente lite and a contribution to costs.

Court Disposition

Application granted: maintenance pendente lite and costs awarded to applicant.

Orders

  • The respondent is ordered to pay the applicant an amount of R5,000.00 per month in maintenance pendente lite.
  • The costs of this application are to be costs in the divorce action.