S v S (30112/09) [2009] ZAGPPHC 113 (10 September 2009)

S v S (30112/09) [2009] ZAGPPHC 113 (10 September 2009)

The court found that the applicant is unemployed and without assets, while the respondent possesses properties and commercial interests. The respondent's financial disclosures were found to be lacking in candour, and the court inferred that the applicant's severance package contributed to the respondent's estate. Given the disparity in means, the respondent was ordered to pay maintenance pendente lite and contribute to the applicant's legal costs. The court also ordered the applicant to keep the respondent as a dependent on his medical fund, as there was no opposition to this request.

Citation
[2009] ZAGPPHC 113
Parties
Applicant: D O S; Respondent: J S
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 September 2009
Case Number
30112/09
Procedural Posture
Urgent Application / Pendente Lite Maintenance Application
Outcome
Application granted in part; maintenance and contribution to costs ordered.
Judges
N.M. Mavundla
Legal Topics
Maintenance Pendente Lite, Contribution to Legal Costs, Duty of Support Between Spouses
Family and Children Maintenance Pendente Lite Contribution to Legal Costs Duty of Support Between Spouses

Case Brief

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Parties

D O S

Applicant

J S

Respondent

Procedural Posture

Urgent Application / Pendente Lite Maintenance Application

Legal Issues

  1. 1 Whether the applicant is entitled to pendente lite maintenance from the respondent.
  2. 2 Whether the respondent should contribute towards the applicant's legal costs.
  3. 3 Whether the applicant must keep the respondent as a dependent on his medical fund.

Ratio Decidendi

The court found that the applicant is unemployed and without assets, while the respondent possesses properties and commercial interests. The respondent's financial disclosures were found to be lacking in candour, and the court inferred that the applicant's severance package contributed to the respondent's estate. Given the disparity in means, the respondent was ordered to pay maintenance pendente lite and contribute to the applicant's legal costs. The court also ordered the applicant to keep the respondent as a dependent on his medical fund, as there was no opposition to this request.

Court Disposition

Application granted in part; maintenance and contribution to costs ordered.

Orders

  • The respondent must pay pendente lite maintenance to the applicant in the amount of R7,000.00 per month.
  • The respondent must pay a contribution towards the applicant's costs in the amount of R3,000.00, payable in installments of R500.00 per month.