Y.O v Z.W (21412/17)
Y.O v Z.W (21412/17) [2018] ZAWCHC 61 (25 May 2018)
The court held that Rule 43 applies to matrimonial disputes even where the validity or subsistence of the marriage is contested, including those involving Muslim marriages dissolved by talaq. The existence of a pending constitutional challenge to the non-recognition of Muslim marriages and the relief sought in the main action suspends the practical effect of the talaq, allowing the applicant to seek interim relief. The court found that it is not necessary for the applicant to prove the validity of the marriage at this stage; the duty of support and entitlement to a contribution towards costs…
Source excerpt
- Muslim Marriage Non Recognition
- Rule 43 Interim Relief
- Maintenance Pendente Lite
- Contribution To Costs
- Constitutional Challenge
- Custody And Access