J v J (17705/05) [2009] ZAGPPHC 303 (11 August 2009)

J v J (17705/05) [2009] ZAGPPHC 303 (11 August 2009)

The court found that the applicant had sufficiently demonstrated changed circumstances, namely the loss of his monthly income and the impact of a serious neck operation on his earning capacity. The respondent's allegations regarding hidden funds were unsupported by evidence. The court was satisfied that the applicant was no longer in a position to contribute to the respondent's maintenance as previously ordered. Accordingly, the existing Rule 43 order was suspended pending the outcome of the divorce proceedings.

Citation
[2009] ZAGPPHC 303
Parties
Applicant: J P J[….]; Respondent: E G J[…]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 August 2009
Case Number
17705/05
Procedural Posture
Urgent Application / Rule 43(6) Application to Vary Interim Maintenance Order
Outcome
Application granted. The existing Rule 43 maintenance order is suspended pending the divorce.
Judges
Hartzenberg R
Legal Topics
Maintenance Variation, Rule 43 Application, Changed Circumstances
Family and Children Civil Procedure Maintenance Variation Rule 43 Application Changed Circumstances

Case Brief

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Parties

J P J[….]

Applicant

E G J[…]

Respondent

Procedural Posture

Urgent Application / Rule 43(6) Application to Vary Interim Maintenance Order

Legal Issues

  1. 1 Whether the applicant has demonstrated changed circumstances justifying variation of the existing Rule 43 maintenance order.
  2. 2 Whether the applicant is currently able to contribute to the maintenance of the respondent.

Ratio Decidendi

The court found that the applicant had sufficiently demonstrated changed circumstances, namely the loss of his monthly income and the impact of a serious neck operation on his earning capacity. The respondent's allegations regarding hidden funds were unsupported by evidence. The court was satisfied that the applicant was no longer in a position to contribute to the respondent's maintenance as previously ordered. Accordingly, the existing Rule 43 order was suspended pending the outcome of the divorce proceedings.

Court Disposition

Application granted. The existing Rule 43 maintenance order is suspended pending the divorce.

Orders

  • The existing order under Rule 43 is suspended pending the divorce proceedings.
  • The costs of this application will be costs in the divorce action.