Mkhehlane v Mkhehlane (6108/2017) [2018] ZAFSHC 24 (22 February 2018)

Mkhehlane v Mkhehlane (6108/2017) [2018] ZAFSHC 24 (22 February 2018)

The court found that the applicant demonstrated a genuine need for interim maintenance and a contribution towards legal costs. The respondent's claimed inability to pay was undermined by his discretionary spending and lack of prioritization of obligations. The court determined that the respondent could afford the maintenance sought by the applicant if unnecessary expenses were curtailed. The request for a motor vehicle was denied, as it would leave the respondent without transport for his business. The contribution towards legal costs was reduced to R5,000, reflecting the usual amount awarded in similar cases. The court declined to vary the existing child maintenance order, as it remained...

Citation
[2018] ZAFSHC 24
Parties
Applicant: Mary Moashene Mkhehlane; Respondent: Bennet Molapo Mkhehlane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 February 2018
Case Number
6108/2017
Procedural Posture
Urgent Application / Interim Maintenance Application Under Uniform Rule 43 Pending Divorce
Outcome
Application for interim maintenance and contribution to legal costs granted in part; request for provision of motor vehicle refused.
Judges
P.E Molitsoane
Legal Topics
Interim Maintenance, Rule 43 Applications, Contribution to Legal Costs, Marital Property, Child Support
Family and Children Civil Procedure Interim Maintenance Rule 43 Applications Contribution to Legal Costs Marital Property Child Support

Case Brief

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Parties

Mary Moashene Mkhehlane

Applicant

Bennet Molapo Mkhehlane

Respondent

Procedural Posture

Urgent Application / Interim Maintenance Application Under Uniform Rule 43 Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance pending divorce proceedings.
  2. 2 Whether the respondent can afford to pay the maintenance and legal costs sought.
  3. 3 Whether the applicant is entitled to a contribution towards legal costs.

Ratio Decidendi

The court found that the applicant demonstrated a genuine need for interim maintenance and a contribution towards legal costs. The respondent's claimed inability to pay was undermined by his discretionary spending and lack of prioritization of obligations. The court determined that the respondent could afford the maintenance sought by the applicant if unnecessary expenses were curtailed. The request for a motor vehicle was denied, as it would leave the respondent without transport for his business. The contribution towards legal costs was reduced to R5,000, reflecting the usual amount awarded in similar cases. The court declined to vary the existing child maintenance order, as it remained...

Court Disposition

Application for interim maintenance and contribution to legal costs granted in part; request for provision of motor vehicle refused.

Orders

  • The respondent must pay maintenance to the applicant in monthly instalments of R3,000, with the first instalment due on or before 7 March 2018 and subsequent instalments due on or before the 7th day of each successive month.
  • The respondent must contribute R5,000 towards the applicant's legal costs, payable on or before 31 March 2018.