South Africa Case Law

F.I v A.P (2021/13610)

F.I v A.P (2021/13610) [2021] ZAGPJHC 119 (5 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/13610

Judge

S D J Wilson

The court condoned the short notice given to the respondent as there was no prejudice. The application to introduce a supplementary affidavit was refused, as the circumstances did not justify its admission at this stage, but the applicant may seek leave to file such an affidavit after financial disclosure is made. The court held that Rule 43 applies because the applicant has instituted an action under the Divorce Act, and the SCA's decision in Women's Legal Centre Trust does not preclude the application, as its order of invalidity is not yet in force pending confirmation by the Constitutional…

Source excerpt

• Rule 43 Applications
• Islamic Marriage Recognition
• Financial Disclosure
• Interim Relief
• Divorce Act Applicability

Dawood v Rahman (6578/2019)

Dawood v Rahman (6578/2019) [2019] ZAKZPHC 68 (28 October 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6578/2019

Judge

Bezuidenhout

The court held that Rule 43 interim relief was unavailable on the papers because there was no pending recognised divorce proceeding. The applicant was given leave to amend.

• Islamic Marriage Recognition
• Rule 43 Interim Relief
• Maintenance Claims
• Declaratory Relief
• Rule-43-interim-relief
• Islamic-marriage-recognition

SJ v SE (2016/30298)

SJ v SE (2016/30298) [2018] ZAGPJHC 724 (24 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/30298

Judge

L T Modiba

The court held that, despite the issuing of a Talaq, the existence of a pending divorce action provides the necessary jurisdictional basis for a Rule 43 application. The reciprocal duty of support between parties to an Islamic marriage persists until the divorce action is resolved. The court rejected the argument that the Talaq automatically ousts the jurisdiction of the court to grant interim relief, finding that such an approach would result in injustice and deny the applicant access to necessary maintenance. The court affirmed that Rule 43 applies to parties married under Islamic Law, and…

Source excerpt

• Rule 43 Interim Relief
• Islamic Marriage Recognition
• Talaq Divorce
• Reciprocal Duty Of Support
• Constitutional Rights
• Maintenance Pendente Lite