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South Africa decisions
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Y.V.D.M v W.P.V.D.M (2021/43213) [2023] ZAGPJHC 1280 (9 November 2023)
Rule 43 interim maintenance was granted to a spouse pending divorce, including monthly maintenance, arrears, medical aid, and related expenses.
D.W.T v M.T and Another (A222/2021) [2022] ZAWCHC 203 (19 October 2022)
The court held that the respondent, as the person in whose favour the maintenance order was made, had locus standi to enforce the order for both minor and adult dependent children. The distinction sought by the appellant between the Divorce Act and the Maintenance Act was rejected; the constitutional principles articulated in Z v Z and Bannatyne v Bannatyne apply equally to maintenance orders under the Maintenance Act. The appellant had not obtained any reduction or suspension of the maintenance order, and the funds in his bank account represented only a partial payment of the arrears owed. T…
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C.D v J.H.D (10025/21) [2022] ZAGPPHC 456 (27 June 2022)
The court found that the applicant's dismissal from employment at the respondent's company constituted a material change in circumstances, as she was previously denied maintenance on the basis of her employment and salary. The applicant demonstrated a genuine need for maintenance, having exhausted her financial resources and being unable to secure alternative employment. The respondent's financial position, including his assets and ability to make loans, indicated that he could afford the maintenance sought. The court accepted that the applicant's maintenance claim included reasonable expense…
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J.M.B v D.C.J.B (98328/2015) [2018] ZAGPPHC 350 (23 March 2018)
Rule 43 pendente lite maintenance was granted for a wife and two major dependent daughters, together with a contribution to legal costs and household expenses.
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