Pretorius v Pretorius (1468/11) [2011] ZANWHC 72 (8 December 2011)

Pretorius v Pretorius (1468/11) [2011] ZANWHC 72 (8 December 2011)

The court found that the applicant's claimed monthly expenses could be reduced, but that R15,000.00 per month would be a reasonable amount for interim maintenance pendente lite. The respondent is a wealthy farmer and able to afford this amount. The minor child's primary care and residence should be with the respondent, but the applicant should have specific contact rights. The respondent must pay R2,000.00 per month for the minor child's maintenance, cover all reasonable medical and educational expenses for both the applicant and the child, and provide the applicant with the use and insurance of a motor vehicle. A contribution of R10,000.00 towards the applicant's legal costs is fair...

Citation
[2011] ZANWHC 72
Parties
Applicant: Maria Magrietha Pretorius; Respondent: Gerhardus Jacobus Pretorius
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 December 2011
Case Number
1468/11
Procedural Posture
Urgent Application / Rule 43 Interim Maintenance and Parental Rights Application
Outcome
Interim maintenance and parental rights granted pendente lite; costs reserved for trial court.
Judges
A A Landman
Legal Topics
Interim Maintenance, Parental Responsibilities and Rights, Rule 43 Procedure, Child Custody, Contribution to Legal Costs
Family and Children Interim Maintenance Parental Responsibilities and Rights Rule 43 Procedure Child Custody Contribution to Legal Costs

Case Brief

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Parties

Maria Magrietha Pretorius

Applicant

Gerhardus Jacobus Pretorius

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Maintenance and Parental Rights Application

Legal Issues

  1. 1 What is a fair amount for interim maintenance for the applicant pendente lite.
  2. 2 Who should have primary care and residence of the minor child pending final determination.
  3. 3 What parental responsibilities and rights should be allocated to each party pendente lite.

Ratio Decidendi

The court found that the applicant's claimed monthly expenses could be reduced, but that R15,000.00 per month would be a reasonable amount for interim maintenance pendente lite. The respondent is a wealthy farmer and able to afford this amount. The minor child's primary care and residence should be with the respondent, but the applicant should have specific contact rights. The respondent must pay R2,000.00 per month for the minor child's maintenance, cover all reasonable medical and educational expenses for both the applicant and the child, and provide the applicant with the use and insurance of a motor vehicle. A contribution of R10,000.00 towards the applicant's legal costs is fair...

Court Disposition

Interim maintenance and parental rights granted pendente lite; costs reserved for trial court.

Orders

  • Both parties retain full parental responsibilities and rights regarding the minor child pendente lite as per section 18(2)(a) of the Children's Act 38 of 2005.
  • Primary care and residence of the minor child pendente lite awarded to the respondent.