G.H.G v A.C.G (1143/2023) [2023] ZAFSHC 139 (4 May 2023)

G.H.G v A.C.G (1143/2023) [2023] ZAFSHC 139 (4 May 2023)

The court found that both parties presented a deficit between their income and expenses, but the respondent failed to provide documentary proof of his inability to pay the claimed maintenance. The applicant's claims were reasonable and moderate, and the respondent demonstrated willingness to meet certain obligations. Given the lack of full financial disclosure, the court relied on the probabilities as presented in the affidavits. The respondent's prior payment of R5,000 per month and willingness to pay medical aid and legal costs indicated some capacity to contribute. The court determined that a reduced maintenance amount, together with payment of medical aid, retention of the vehicle,...

Citation
[2023] ZAFSHC 139
Parties
Applicant: C[...] H[...] G[...]; Respondent: A[...] C[...] G[...]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 May 2023
Case Number
1143/2023
Procedural Posture
Urgent Application / Rule 43 Application for Interim Maintenance and Costs
Outcome
Application partially granted: maintenance pendent lite awarded at a reduced amount, with orders for medical aid, vehicle use, and contribution to costs.
Judges
Ramdeyal
Legal Topics
Maintenance Pendente Lite, Rule 43 Application, Contribution to Costs, Interim Relief
Family and Children Maintenance Pendente Lite Rule 43 Application Contribution to Costs Interim Relief

Case Brief

Summary, issues, holding and outcome

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Parties

C[...] H[...] G[...]

Applicant

A[...] C[...] G[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Interim Maintenance and Costs

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendent lite under Rule 43.
  2. 2 Whether the respondent should contribute towards the applicant's legal costs.
  3. 3 Whether the applicant should retain use of the vehicle and receive medical aid payments.

Ratio Decidendi

The court found that both parties presented a deficit between their income and expenses, but the respondent failed to provide documentary proof of his inability to pay the claimed maintenance. The applicant's claims were reasonable and moderate, and the respondent demonstrated willingness to meet certain obligations. Given the lack of full financial disclosure, the court relied on the probabilities as presented in the affidavits. The respondent's prior payment of R5,000 per month and willingness to pay medical aid and legal costs indicated some capacity to contribute. The court determined that a reduced maintenance amount, together with payment of medical aid, retention of the vehicle,...

Court Disposition

Application partially granted: maintenance pendent lite awarded at a reduced amount, with orders for medical aid, vehicle use, and contribution to costs.

Orders

  • The respondent must pay maintenance pendent lite to the applicant in the amount of R2,000.00 per month.
  • The applicant is to retain the use of the Corsa utility bakkie currently in her possession pendent lite.