T.M v G.M (3584/2013)
T.M v G.M (3584/2013) [2017] ZAGPPHC 100 (10 February 2017)
The court found that the divorce order was obtained by fraudulent means, specifically through forged service documents. The applicant provided a reasonable explanation for her default and acted bona fide. However, both parties agreed that the marriage had irretrievably broken down, and thus the decree of divorce itself should not be set aside. The court determined that only the ancillary orders (paragraphs 2-7 of the original order) should be rescinded, while the divorce order (paragraph 1) remains in force. The applicant was granted condonation for the late filing, and the respondent was ord…
Source excerpt
- Rescission Of Judgment
- Fraudulent Service Of Process
- Irretrievable Breakdown Of Marriage
- Parental Responsibilities
- Condonation