Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)
High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.
S.L v A.C (Reasons) (2024/143281) [2025] ZAWCHC 212 (21 May 2025)
High Court contempt reasons in a Rule 43 maintenance dispute. The respondent was found in contempt for non-payment of rental and arrears; a curator ad litem application failed.
C.L.K v K.K.K (22/010214) [2024] ZAGPJHC 1287 (17 December 2024)
Rule 43 counter-application granted in part: interim maintenance, specified children’s expenses, cell phone reimbursement, and R800,000 costs contribution were ordered; arrear maintenance was refused.
M.S.H v J.S.H (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024)
The High Court varied a Rule 43 maintenance order after the father sold the family home, but protected the mother and children from homelessness.
JB v HMB (31011/2021) [2024] ZAGPPHC 936 (25 September 2024)
The respondent's own admissions, including his email correspondence, confirm that he was aware of his obligations under the Rule 43 order and failed to comply with them. His defence that a settlement agreement resolved the maintenance obligations is contradicted by his subsequent acknowledgment of arrears. The respondent did not discharge the evidential burden to show that his non-compliance was not wilful or mala fide. The court finds that the respondent's failure to pay maintenance, school fees, and medical expenses as ordered constitutes contempt of court. The respondent's arguments regard…
Source excerpt
VJ v VJ and Another (258/2023) [2024] ZASCA 92; 2024 (6) SA 400 (SCA) (11 June 2024)
The Supreme Court of Appeal held that arrear maintenance and enforcement of maintenance orders are matters incidental to a matrimonial cause and thus fall within the prohibition in section 2(a) of the Arbitration Act. The arbitration clause and subsequent agreement did not expressly include arrear maintenance as a dispute to be referred to arbitration. The maintenance court retains jurisdiction to enforce maintenance orders, and parties cannot contractually oust this jurisdiction or deprive a party of statutory rights under the Maintenance Act. The high court erred in deferring the issue to a…
Source excerpt
Y.Y v G.Y (13718/21) [2024] ZAGPJHC 439 (6 May 2024)
Rule 43 interim maintenance application in a divorce matter. The court ordered child maintenance and expense sharing, but dismissed arrears and a costs contribution.
K.B.P v T.L.P (DIV 155/2014) [2024] ZANWHC 105 (17 April 2024)
The court found that the marriage had irretrievably broken down and that both parties are entitled to a division of the joint estate, including pension interests, as per the Divorce Act. The defendant's claim for forfeiture was rejected because there was no gross misconduct by the plaintiff; her use of pension funds for renovations and maintenance was justified. The defendant's failure to pay maintenance for nine years was taken into account, resulting in an order for arrear maintenance and ongoing monthly payments. The plaintiff retains the house, the defendant retains the Toyota Tazz, and e…
Source excerpt
S.S v M.C (2023/057206) [2024] ZAGPPHC 291 (26 March 2024)
Rule 43 interim maintenance was granted at R20,000 per month for the applicant and three minor children, while arrears and a costs contribution were refused.
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
The court set aside a writ of execution against a retirement annuity, finding the maintenance debt was not properly quantified and remained in dispute.
Explore more
