P v P (53401/08) [2009] ZAGPPHC 342 (8 June 2009)

P v P (53401/08) [2009] ZAGPPHC 342 (8 June 2009)

The court found that the applicant demonstrated a need for maintenance pendente lite and that the respondent, despite his claims, had sufficient resources to meet the obligation. The respondent's allegations of adultery were not supported by admissible evidence and, even if true, were not so gross as to disentitle the applicant from maintenance. The applicant's contribution to the household and the standard of living during the marriage were considered. The court also found the applicant entitled to a reasonable contribution towards legal costs, taking into account the respondent's financial position and the need for the applicant to investigate his true financial status. The respondent...

Citation
[2009] ZAGPPHC 342
Parties
Applicant: C. C. P.; Respondent: P. J. P.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 June 2009
Case Number
53401/08
Procedural Posture
Urgent Application / Pendente Lite Maintenance and Costs Application
Outcome
Application granted in part; maintenance pendente lite, contribution to costs, and medical aid registration ordered.
Judges
N.M. Mavundla
Legal Topics
Maintenance Pendente Lite, Contribution to Legal Costs, Adultery and Entitlement, Standard of Living, Medical Aid Dependant
Family and Children Maintenance Pendente Lite Contribution to Legal Costs Adultery and Entitlement Standard of Living Medical Aid Dependant

Case Brief

Summary, issues, holding and outcome

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Parties

C. C. P.

Applicant

P. J. P.

Respondent

Procedural Posture

Urgent Application / Pendente Lite Maintenance and Costs Application

Legal Issues

  1. 1 Whether the applicant is entitled to maintenance pendente lite from the respondent.
  2. 2 Whether the applicant is entitled to a contribution towards her legal costs.
  3. 3 Whether alleged adultery disentitles the applicant from maintenance.

Ratio Decidendi

The court found that the applicant demonstrated a need for maintenance pendente lite and that the respondent, despite his claims, had sufficient resources to meet the obligation. The respondent's allegations of adultery were not supported by admissible evidence and, even if true, were not so gross as to disentitle the applicant from maintenance. The applicant's contribution to the household and the standard of living during the marriage were considered. The court also found the applicant entitled to a reasonable contribution towards legal costs, taking into account the respondent's financial position and the need for the applicant to investigate his true financial status. The respondent...

Court Disposition

Application granted in part; maintenance pendente lite, contribution to costs, and medical aid registration ordered.

Orders

  • The respondent must pay R10,000.00 per month as maintenance pendente lite to the applicant.
  • The respondent must pay R25,000.00 towards the applicant's legal costs, payable in installments of R5,000.00 per month.