J.M.B v D.C.J.B (98328/2015) [2018] ZAGPPHC 350 (23 March 2018)

J.M.B v D.C.J.B (98328/2015) [2018] ZAGPPHC 350 (23 March 2018)

The court found that, given the circumstances, the applicant is entitled to claim maintenance pendente lite for herself and the two major dependent daughters, as they remain financially dependent and are being educated by the parents. The respondent earns more than the applicant and has greater disposable income. The applicant's expenses were not found to be inflated. The court held that, in this context, it is justified to order the respondent to pay maintenance directly to the applicant for herself and the daughters, and to contribute to her legal costs. The respondent is also ordered to continue paying property-related expenses and university fees for the daughters.

Citation
[2018] ZAGPPHC 350
Parties
Applicant: J M B; Respondent: D C J B
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 March 2018
Case Number
98328/2015
Procedural Posture
Urgent Application / Interlocutory Maintenance and Costs Application Pending Divorce
Outcome
Application granted. The respondent is ordered to pay monthly maintenance and contribute to legal costs pendente lite.
Judges
Strijdom
Legal Topics
Rule 43 Application, Maintenance Pendente Lite, Adult Dependent Children, Contribution to Legal Costs
Family and Children Civil Procedure Rule 43 Application Maintenance Pendente Lite Adult Dependent Children Contribution to Legal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

J M B

Applicant

D C J B

Respondent

Procedural Posture

Urgent Application / Interlocutory Maintenance and Costs Application Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to claim monthly maintenance pendente lite for herself and the two major dependent daughters.
  2. 2 Whether the respondent is obliged to contribute to the applicant's legal costs in the divorce action.
  3. 3 Whether maintenance for adult dependent children can be claimed by a parent in rule 43 proceedings.

Ratio Decidendi

The court found that, given the circumstances, the applicant is entitled to claim maintenance pendente lite for herself and the two major dependent daughters, as they remain financially dependent and are being educated by the parents. The respondent earns more than the applicant and has greater disposable income. The applicant's expenses were not found to be inflated. The court held that, in this context, it is justified to order the respondent to pay maintenance directly to the applicant for herself and the daughters, and to contribute to her legal costs. The respondent is also ordered to continue paying property-related expenses and university fees for the daughters.

Court Disposition

Application granted. The respondent is ordered to pay monthly maintenance and contribute to legal costs pendente lite.

Orders

  • The respondent is ordered to pay R21,500 per month towards the maintenance of the applicant and the dependent children, with payments commencing the month following the order and due by the seventh day of each month.
  • The applicant is entitled to remain resident at the property situated at Plot [….], Pretoria, Gauteng Province pending finalisation of the divorce action.