I v I (55873A/08) [2009] ZAGPPHC 302 (9 April 2009)

I v I (55873A/08) [2009] ZAGPPHC 302 (9 April 2009)

The court refused to grant interim maintenance to the applicant, finding sufficient grounds to deny her claim based on her employment and living arrangements. The court also declined to order a contribution towards the costs of the pending divorce action at this stage, noting that circumstances may change. Regarding the children, the court maintained the existing arrangement whereby the two minor sons spend half the month with each parent, rejecting the family advocate's recommendations as unsuitable. The respondent was ordered to pay R750 per month per child in addition to existing payments for school fees, medical aid, and extracurricular activities. The court further ordered that the...

Citation
[2009] ZAGPPHC 302
Parties
Applicant: R I[...]; Respondent: D I[...]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 April 2009
Case Number
55873A/08
Procedural Posture
Urgent Application / Rule 43 Interim Relief
Outcome
Interim maintenance for the applicant is refused; interim maintenance for the minor children is granted; contribution to costs is refused; existing residence and contact arrangements for the children are maintained.
Judges
Van der Merwe
Legal Topics
Interim Maintenance, Primary Residence, Parental Contact, Rule 43 Procedure
Family and Children Interim Maintenance Primary Residence Parental Contact Rule 43 Procedure

Case Brief

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Parties

R I[...]

Applicant

D I[...]

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance under Rule 43.
  2. 2 Whether the applicant is entitled to a contribution towards costs of the pending divorce action.
  3. 3 What interim arrangements should be made regarding the residence and contact of the minor children.

Ratio Decidendi

The court refused to grant interim maintenance to the applicant, finding sufficient grounds to deny her claim based on her employment and living arrangements. The court also declined to order a contribution towards the costs of the pending divorce action at this stage, noting that circumstances may change. Regarding the children, the court maintained the existing arrangement whereby the two minor sons spend half the month with each parent, rejecting the family advocate's recommendations as unsuitable. The respondent was ordered to pay R750 per month per child in addition to existing payments for school fees, medical aid, and extracurricular activities. The court further ordered that the...

Court Disposition

Interim maintenance for the applicant is refused; interim maintenance for the minor children is granted; contribution to costs is refused; existing residence and contact arrangements for the children are maintained.

Orders

  • The respondent is ordered to pay maintenance for the two minor children in the amount of R750 per month per child, payable before or on 7 May 2009 and thereafter before or on the 7th of each subsequent month.
  • The provisions of Rule 43(7) and 43(8) are declared not applicable.