V.G v D.G (D9175/2020) [2022] ZAKZDHC 37 (20 September 2022)

V.G v D.G (D9175/2020) [2022] ZAKZDHC 37 (20 September 2022)

The court found that the applicant and respondent are married in community of property, and the applicant is entitled to a lifestyle equal to that of the respondent. The respondent controls all assets and has not made full disclosure of his financial position. The applicant's requests for increased maintenance, a new vehicle, household appliances, and a contribution to legal costs are reasonable and necessary to maintain her standard of living. The court held that Rule 43 allows for interim relief, including the provision of assets where justified, and that the applicant is entitled to maintenance and legal costs commensurate with the marital standard. The respondent's objections were...

Citation
[2022] ZAKZDHC 37
Parties
Applicant: V[....] G[....]; Respondent: D[....] G[....]
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
20 September 2022
Case Number
D9175/2020
Procedural Posture
Urgent Application / Rule 43 Interim Relief Application Pending Divorce Action
Outcome
Application granted. Orders made in favour of the applicant as set out in the judgment.
Judges
Mlaba AJ
Legal Topics
Maintenance Pendente Lite, Contribution to Legal Costs, Division of Joint Estate, Interim Relief, Spousal Dependant Medical Aid
Family and Children Civil Procedure Maintenance Pendente Lite Contribution to Legal Costs Division of Joint Estate Interim Relief Spousal Dependant Medical Aid

Case Brief

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Parties

V[....] G[....]

Applicant

D[....] G[....]

Respondent

Procedural Posture

Urgent Application / Rule 43 Interim Relief Application Pending Divorce Action

Legal Issues

  1. 1 Whether the applicant is entitled to increased maintenance pendente lite under Rule 43.
  2. 2 Whether the applicant is entitled to a contribution towards legal costs.
  3. 3 Whether the applicant is entitled to the acquisition of capital assets such as a motor vehicle and household appliances as interim relief.

Ratio Decidendi

The court found that the applicant and respondent are married in community of property, and the applicant is entitled to a lifestyle equal to that of the respondent. The respondent controls all assets and has not made full disclosure of his financial position. The applicant's requests for increased maintenance, a new vehicle, household appliances, and a contribution to legal costs are reasonable and necessary to maintain her standard of living. The court held that Rule 43 allows for interim relief, including the provision of assets where justified, and that the applicant is entitled to maintenance and legal costs commensurate with the marital standard. The respondent's objections were...

Court Disposition

Application granted. Orders made in favour of the applicant as set out in the judgment.

Orders

  • The respondent must pay R25,000 per month into the applicant's FNB account, commencing the month after the order and monthly thereafter.
  • The respondent must pay all property rates, refuse charges, levies, electricity, water, and sewage charges for Bentley Estate directly to the suppliers monthly.