H v D (18141/09)
H v D (18141/09) [2009] ZAWCHC 178; 2010 (4) BCLR 362 (WCC) ; [2010] 2 All SA 55 (WCC) (18 November 2009)
The court found that the applicant was ordinarily resident in Cape Town at the time of instituting the action and launching the Rule 43 application, thus establishing jurisdiction. The court interpreted the term 'spouse' in Rule 43 to include parties married under Islamic personal law, relying on constitutional principles and recent case law that recognise Muslim marriages for certain legal purposes. The applicant was therefore entitled to seek interim maintenance and a contribution towards costs pending the matrimonial action, even though the validity of the marriage was disputed and subject…
Source excerpt
- Muslim Marriage Recognition
- Maintenance Pendente Lite
- Contribution Towards Costs
- Rule 43 Application
- Constitutional Rights
- Jurisdiction In Matrimonial Matters