L.M.G v D.J.M (22730/2017)
L.M.G v D.J.M (22730/2017) [2021] ZAGPPHC 396; 2021 (5) SA 607 (GP) (15 June 2021)
The court held that, although common law generally prohibits a curator bonis from instituting divorce proceedings on behalf of an incapacitated person due to the personal nature of marriage, the interests of justice may require development of the common law in exceptional circumstances. In this case, the patient was permanently incapacitated and unable to make decisions regarding the marriage. The court order expressly authorised the curator bonis to institute matrimonial proceedings, and such an order must be obeyed until set aside. However, the court order also made the exercise of these po…
Source excerpt
- Curator Bonis Powers
- Locus Standi
- Divorce Proceedings
- Master Approval
- Irretrievable Breakdown
- Court Order Compliance