Willemse v Willemse (1550/12) [2013] ZANWHC 20 (14 February 2013)

Willemse v Willemse (1550/12) [2013] ZANWHC 20 (14 February 2013)

The court found that the applicant's claimed monthly expenses were overstated, as the respondent already pays for many of the listed items directly. After deducting the amounts paid by the respondent, the applicant's reasonable shortfall was calculated at R7,260 per month. The respondent was ordered to pay R13,000 per month as maintenance pendente lite, inclusive of the R5,000 previously paid. The respondent was also ordered to continue paying all household expenses he has been paying, including groceries and utilities. The court considered the applicant's request for a contribution to legal costs excessive and awarded R20,000, payable in four equal instalments. The costs of the...

Citation
[2013] ZANWHC 20
Parties
Applicant: Gredel Willemse; Respondent: Petrus Johannes Willemse
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
14 February 2013
Case Number
1550/12
Procedural Posture
Urgent Application / Rule 43 Application for Interim Maintenance and Costs Pending Divorce
Outcome
Application partly granted.
Judges
A A Landman
Legal Topics
Maintenance Pendente Lite, Contribution to Legal Costs, Rule 43 Procedure
Family and Children Civil Procedure Maintenance Pendente Lite Contribution to Legal Costs Rule 43 Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gredel Willemse

Applicant

Petrus Johannes Willemse

Respondent

Procedural Posture

Urgent Application / Rule 43 Application for Interim Maintenance and Costs Pending Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to increased maintenance pendente lite.
  2. 2 Whether the respondent should contribute to the applicant's legal costs.
  3. 3 Whether the respondent should continue paying certain household expenses.

Ratio Decidendi

The court found that the applicant's claimed monthly expenses were overstated, as the respondent already pays for many of the listed items directly. After deducting the amounts paid by the respondent, the applicant's reasonable shortfall was calculated at R7,260 per month. The respondent was ordered to pay R13,000 per month as maintenance pendente lite, inclusive of the R5,000 previously paid. The respondent was also ordered to continue paying all household expenses he has been paying, including groceries and utilities. The court considered the applicant's request for a contribution to legal costs excessive and awarded R20,000, payable in four equal instalments. The costs of the...

Court Disposition

Application partly granted.

Orders

  • The respondent is ordered to pay the applicant R13,000 per month as maintenance pendente lite.
  • The respondent shall continue to pay all household expenses he has been paying, including at least R5,000 for groceries, cleaning materials, meat, fruit, vegetables, and bread and milk.