L.B v D.F.B (013221/2021) [2023] ZAGPJHC 1441 (8 December 2023)

L.B v D.F.B (013221/2021) [2023] ZAGPJHC 1441 (8 December 2023)

The court found that the applicant is not immediately employable, having been a housewife and primary caregiver throughout the marriage. The respondent failed to prove otherwise. The respondent’s duty to maintain the applicant persists until divorce is finalised. The applicant’s maintenance claim was considered in light of the parties’ reduced circumstances since returning from Dubai and the respondent’s current net salary. The sum sought by the applicant was found to be extravagant and unaffordable for the respondent. The court determined that R12 000 per month is a reasonable interim maintenance amount, with continued payment of medical aid, GAP cover, vehicle instalment, insurance,...

Citation
[2023] ZAGPJHC 1441
Parties
Applicant: L B (born E); Respondent: D F B
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 December 2023
Case Number
013221/2021
Procedural Posture
Rule 43 Application / Interim Relief Pending Divorce
Outcome
Application granted in part; interim maintenance and contribution to legal costs ordered pendente lite.
Judges
Francis
Legal Topics
Interim Maintenance, Contribution to Legal Costs, Spousal Support, Rule 43 Procedure
Family and Children Interim Maintenance Contribution to Legal Costs Spousal Support Rule 43 Procedure

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

L B (born E)

Applicant

D F B

Respondent

Procedural Posture

Rule 43 Application / Interim Relief Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance pending divorce.
  2. 2 Whether the applicant is entitled to a contribution towards her legal costs.
  3. 3 Whether the respondent is obliged to retain the applicant on medical aid and GAP cover.

Ratio Decidendi

The court found that the applicant is not immediately employable, having been a housewife and primary caregiver throughout the marriage. The respondent failed to prove otherwise. The respondent’s duty to maintain the applicant persists until divorce is finalised. The applicant’s maintenance claim was considered in light of the parties’ reduced circumstances since returning from Dubai and the respondent’s current net salary. The sum sought by the applicant was found to be extravagant and unaffordable for the respondent. The court determined that R12 000 per month is a reasonable interim maintenance amount, with continued payment of medical aid, GAP cover, vehicle instalment, insurance,...

Court Disposition

Application granted in part; interim maintenance and contribution to legal costs ordered pendente lite.

Orders

  • The respondent is to pay maintenance to the applicant in an amount of R12 000.00 per month on or before the 28th day of every month without deduction or set off.
  • The respondent is to retain the applicant on his current medical aid scheme or a scheme with similar benefits and pay the premiums.