V.N v S.N (9932/2016) [2016] ZAGPPHC 1216 (2 December 2016)

V.N v S.N (9932/2016) [2016] ZAGPPHC 1216 (2 December 2016)

The court found that the applicant and respondent enjoyed an affluent lifestyle prior to the divorce proceedings and that the respondent, as the sole breadwinner, has the means to maintain the applicant at a standard consistent with their previous lifestyle. The applicant's claimed monthly maintenance was excessive, but the respondent's allowance was insufficient. The court determined a fair and reasonable amount for maintenance pendent lite to be R17,000.00 per month, inclusive of cell phone expenses. The respondent is ordered to retain the applicant on his medical aid, pay for vehicle fuel and repairs, and continue paying all expenses relating to the common home, including restoring...

Citation
[2016] ZAGPPHC 1216
Parties
Applicant: V N; Respondent: S N
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2016
Case Number
9932/2016
Procedural Posture
Urgent Application / Rule 43 Application for Maintenance Pendent Lite Pending Divorce
Outcome
Application granted in part; maintenance pendent lite increased, orders made regarding medical aid, vehicle expenses, common home expenses, and legal costs.
Judges
S P Mothle
Legal Topics
Maintenance Pendente Lite, Contribution to Legal Costs, Community of Property, Standard of Living, Medical Aid Dependant
Family and Children Maintenance Pendente Lite Contribution to Legal Costs Community of Property Standard of Living Medical Aid Dependant

Case Brief

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Parties

V N

Applicant

S N

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Maintenance Pendent Lite Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to increased monthly maintenance pendent lite.
  2. 2 Whether the respondent should be ordered to retain the applicant on his medical aid and pay for vehicle expenses.
  3. 3 Whether the respondent should continue paying all expenses relating to the common home.

Ratio Decidendi

The court found that the applicant and respondent enjoyed an affluent lifestyle prior to the divorce proceedings and that the respondent, as the sole breadwinner, has the means to maintain the applicant at a standard consistent with their previous lifestyle. The applicant's claimed monthly maintenance was excessive, but the respondent's allowance was insufficient. The court determined a fair and reasonable amount for maintenance pendent lite to be R17,000.00 per month, inclusive of cell phone expenses. The respondent is ordered to retain the applicant on his medical aid, pay for vehicle fuel and repairs, and continue paying all expenses relating to the common home, including restoring...

Court Disposition

Application granted in part; maintenance pendent lite increased, orders made regarding medical aid, vehicle expenses, common home expenses, and legal costs.

Orders

  • The respondent must pay R17,000.00 per month to the applicant for maintenance, cell phone, and upkeep.
  • The respondent must retain the applicant as a dependant on his medical aid and pay for fuel and repairs of the motor vehicle allocated to her.