M Pretorius v C Pretorius (151/2019) [2019] ZAECPEHC 6 (5 March 2019)

M Pretorius v C Pretorius (151/2019) [2019] ZAECPEHC 6 (5 March 2019)

The court found that the applicant had not established a need for interim maintenance, given her undisclosed additional income and the fact that she and the minor child reside in the matrimonial home at no cost. The claim for the return of movable items was dismissed as it was not shown to be necessary for maintenance. The respondent was ordered to continue paying for the minor child's maintenance, aftercare, school fees, and related educational and medical expenses. The applicant's claim for a contribution towards legal costs was granted in the reduced amount of R7,500, to be paid in three instalments. The costs of the application were ordered to be costs in the divorce action.

Citation
[2019] ZAECPEHC 6
Parties
Applicant: Michelle Pretorius; Respondent: Christo Pretorius
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 March 2019
Case Number
151/2019
Procedural Posture
Urgent Application / Rule 43 Interim Relief (pendente Lite)
Outcome
Application partly granted; interim maintenance for the minor child and contribution towards legal costs ordered; claim for return of movable items dismissed.
Judges
G J Gajjar
Legal Topics
Interim Maintenance, Contribution Towards Costs, Rule 43 Proceedings, Child Support, Medical Expenses, Return of Movables
Family and Children Interim Maintenance Contribution Towards Costs Rule 43 Proceedings Child Support Medical Expenses Return of Movables

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Parties

Michelle Pretorius

Applicant

Christo Pretorius

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief (pendente Lite)

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance for herself and the minor child J pendente lite.
  2. 2 Whether the respondent should contribute towards the applicant's legal costs.
  3. 3 Whether the respondent should return certain movable items to the applicant.

Ratio Decidendi

The court found that the applicant had not established a need for interim maintenance, given her undisclosed additional income and the fact that she and the minor child reside in the matrimonial home at no cost. The claim for the return of movable items was dismissed as it was not shown to be necessary for maintenance. The respondent was ordered to continue paying for the minor child's maintenance, aftercare, school fees, and related educational and medical expenses. The applicant's claim for a contribution towards legal costs was granted in the reduced amount of R7,500, to be paid in three instalments. The costs of the application were ordered to be costs in the divorce action.

Court Disposition

Application partly granted; interim maintenance for the minor child and contribution towards legal costs ordered; claim for return of movable items dismissed.

Orders

  • The respondent shall make a monthly contribution of R3,000.00 towards the minor child J's maintenance, payable on or before 29 March 2019 and thereafter monthly.
  • The respondent shall continue to pay aftercare fees in respect of J.