Rheeder v Rheeder (22675/05) [2007] ZAGPHC 182 (6 September 2007)

Rheeder v Rheeder (22675/05) [2007] ZAGPHC 182 (6 September 2007)

The court found that the defendant is in need of maintenance and the plaintiff is legally obliged and financially able to provide it. The defendant's relationship with the man she lives with does not constitute a relationship akin to marriage with a reciprocal duty of support, and there is no evidence that she is being maintained by him. The defendant has proved her need for maintenance in the amount of R2,405.00 per month, and the plaintiff is ordered to pay this amount. The plaintiff is also ordered to pay the costs of the trial pertaining to this order.

Citation
[2007] ZAGPHC 182
Parties
Plaintiff: Jacobus Lourens Rheeder; Defendant: Elanor Rheeder
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
6 September 2007
Case Number
22675/05
Procedural Posture
Divorce Action / Trial on Defendant's Counterclaim for Maintenance
Outcome
Judgment granted in favour of the defendant for maintenance and costs.
Judges
R E Rasefate
Legal Topics
Spousal Maintenance, Reciprocal Duty of Support, Disability Grant, Divorce Act Section 7, Maintenance Order
Family and Children Spousal Maintenance Reciprocal Duty of Support Disability Grant Divorce Act Section 7 Maintenance Order

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

Parties

Jacobus Lourens Rheeder

Plaintiff

Elanor Rheeder

Defendant

Procedural Posture

Divorce Action / Trial on Defendant's Counterclaim for Maintenance

Legal Issues

  1. 1 Whether the plaintiff is legally obliged to pay maintenance to the defendant during the subsistence of their marriage.
  2. 2 If so, what is the appropriate amount of maintenance to be paid to the defendant.

Ratio Decidendi

The court found that the defendant is in need of maintenance and the plaintiff is legally obliged and financially able to provide it. The defendant's relationship with the man she lives with does not constitute a relationship akin to marriage with a reciprocal duty of support, and there is no evidence that she is being maintained by him. The defendant has proved her need for maintenance in the amount of R2,405.00 per month, and the plaintiff is ordered to pay this amount. The plaintiff is also ordered to pay the costs of the trial pertaining to this order.

Court Disposition

Judgment granted in favour of the defendant for maintenance and costs.

Orders

  • The plaintiff is ordered to pay maintenance to the defendant in the amount of R2,405.00 per month.
  • The plaintiff is to pay the defendant's costs of the trial pertaining to this order.