J.S.R v S.C.R (M473/15) [2016] ZANWHC 12 (29 March 2016)

J.S.R v S.C.R (M473/15) [2016] ZANWHC 12 (29 March 2016)

The court found that the respondent has no income or means to pay maintenance or contribute to the applicant's costs. Her financial situation is supported by her daughter and son-in-law, who also pay the bond and insurance and have retained the applicant on the respondent's medical aid. Therefore, the applicant's claims for maintenance and contribution to costs cannot succeed. The costs of the application are to be costs in the cause, payable from the joint estate, and the usual scale applies.

Citation
[2016] ZANWHC 12
Parties
Applicant: J.S.R; Respondent: S.C.R
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 March 2016
Case Number
M473/15
Procedural Posture
Divorce Application / Final Judgment
Outcome
Application dismissed.
Judges
Landman
Legal Topics
Maintenance, Divorce, Costs in the Cause, Medical Aid Dependents
Family and Children Maintenance Divorce Costs in the Cause Medical Aid Dependents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

J.S.R

Applicant

S.C.R

Respondent

Procedural Posture

Divorce Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance from the respondent.
  2. 2 Whether the applicant should be retained as a dependent on the respondent's medical aid.
  3. 3 Whether the respondent should contribute to the applicant's legal costs.

Ratio Decidendi

The court found that the respondent has no income or means to pay maintenance or contribute to the applicant's costs. Her financial situation is supported by her daughter and son-in-law, who also pay the bond and insurance and have retained the applicant on the respondent's medical aid. Therefore, the applicant's claims for maintenance and contribution to costs cannot succeed. The costs of the application are to be costs in the cause, payable from the joint estate, and the usual scale applies.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • The costs of the application shall be costs in the cause and the usual scale shall apply.