Van Wijk v Van Wijk [2011] ZAWCHC 295; ; 14434/2009 (17 June 2011)

Van Wijk v Van Wijk [2011] ZAWCHC 295; ; 14434/2009 (17 June 2011)

The court found that the applicant's evidence was bald and unconvincing. He failed to provide sufficient detail regarding the alleged reduction in income, the reasons for the termination of his services, and the changes in his financial circumstances. The supporting documents were vague and lacked corroboration. The court was not persuaded that an adequate case had been made to amend the terms of the existing maintenance order. Accordingly, the application was dismissed.

Citation
[2011] ZAWCHC 295
Parties
Applicant: Arie Willem Van Wijk; Respondent: Ilse Adele Van Wijk (gebore Du Toit)
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 June 2011
Case Number
14434/2009
Procedural Posture
Urgent Application / Application to Amend Pendente Lite Maintenance Order
Outcome
Application dismissed with costs.
Judges
A G Binns-Ward
Legal Topics
Pendente Lite Maintenance, Variation of Court Order, Rule 43 Proceedings
Family and Children Pendente Lite Maintenance Variation of Court Order Rule 43 Proceedings

Case Brief

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Parties

Arie Willem Van Wijk

Applicant

Ilse Adele Van Wijk (gebore Du Toit)

Respondent

Procedural Posture

Urgent Application / Application to Amend Pendente Lite Maintenance Order

Legal Issues

  1. 1 Whether the applicant has established sufficient grounds to justify amending the existing pendente lite maintenance order.
  2. 2 Whether the applicant's alleged reduction in income is adequately substantiated.

Ratio Decidendi

The court found that the applicant's evidence was bald and unconvincing. He failed to provide sufficient detail regarding the alleged reduction in income, the reasons for the termination of his services, and the changes in his financial circumstances. The supporting documents were vague and lacked corroboration. The court was not persuaded that an adequate case had been made to amend the terms of the existing maintenance order. Accordingly, the application was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application to amend the pendente lite maintenance order is dismissed.
  • The applicant is ordered to pay the costs of the application.