T.M v Z.J (2195/2015)
T.M v Z.J (2195/2015) [2015] ZAKZDHC 70; 2016 (1) SA 71 (KZD) (2 September 2015)
The court held that the applicant, married under Islamic law, is entitled to seek interim relief under rule 43, including maintenance pendente lite, custody, and contribution to legal costs, despite the marriage not being registered under the Marriage Act and the respondent's pronouncement of talaq. The court found that rule 43 is designed to provide interim relief in matrimonial actions, and its scope includes cases where the existence or validity of the marriage is disputed. The imposition of restitutionary conditions, as suggested by the respondent, was rejected as antithetical to the purp…
Source excerpt
- Muslim Marriage Recognition
- Maintenance Pendente Lite
- Rule 43 Interim Relief
- Constitutional Challenge To Marriage Act
- Custody And Access
- Contribution To Legal Costs