Els v Els (313/2006) [2007] ZAFSHC 103 (12 October 2007)

Els v Els (313/2006) [2007] ZAFSHC 103 (12 October 2007)

The court found that both parties desired a divorce and that the marriage had irretrievably broken down due to a combination of circumstances, including the birth of a daughter contrary to the plaintiff's wishes and the defendant's severe disability following a car accident. The defendant's disability rendered her unable to earn a living, and her monthly expenses were substantial, particularly due to her adapted housing and medical needs. The plaintiff's financial evidence showed he could not afford the amount claimed by the defendant, but his tender was inadequate. The court determined that a fair maintenance amount was R8,000 per month for the defendant, payable until her death,...

Citation
[2007] ZAFSHC 103
Parties
Plaintiff: Adriaan Gerhardus Els; Defendant: Melita Felichia Els
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 October 2007
Case Number
313/2006
Procedural Posture
Divorce Action / Final Judgment
Outcome
Divorce granted; custody of minor child to defendant; maintenance and medical aid orders issued; costs awarded to defendant; accrual issue postponed.
Judges
Malherbe, RP
Legal Topics
Maintenance, Custody, Divorce, Medical Expenses, Rule 43 Interim Relief
Family and Children Maintenance Custody Divorce Medical Expenses Rule 43 Interim Relief

Case Brief

Summary, issues, holding and outcome

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Parties

Adriaan Gerhardus Els

Plaintiff

Melita Felichia Els

Defendant

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the defendant is entitled to maintenance and the extent and duration thereof.
  2. 2 Determination of custody and maintenance for the minor child, Ané.
  3. 3 Responsibility for medical expenses of the defendant and the minor child.

Ratio Decidendi

The court found that both parties desired a divorce and that the marriage had irretrievably broken down due to a combination of circumstances, including the birth of a daughter contrary to the plaintiff's wishes and the defendant's severe disability following a car accident. The defendant's disability rendered her unable to earn a living, and her monthly expenses were substantial, particularly due to her adapted housing and medical needs. The plaintiff's financial evidence showed he could not afford the amount claimed by the defendant, but his tender was inadequate. The court determined that a fair maintenance amount was R8,000 per month for the defendant, payable until her death,...

Court Disposition

Divorce granted; custody of minor child to defendant; maintenance and medical aid orders issued; costs awarded to defendant; accrual issue postponed.

Orders

  • The marriage between the parties is dissolved.
  • Custody of the minor child, Ané, is awarded to the defendant subject to the plaintiff's access rights as set out in paragraph 7.1 of the Rule 37 minute dated 20 April 2007.