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South Africa decisions
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N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)
High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.
D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025)
High Court partly preserved sale proceeds for a child’s future maintenance, but refused to amend the divorce settlement agreement and ordered no costs.
A.D.V.R v J.V.R (2021/47958) [2024] ZAGPJHC 1305 (17 December 2024)
The court found that the applicant's maintenance was insufficient to maintain her marital standard of living, especially given her health concerns and the respondent's continued financial capacity, as evidenced by substantial payments to third parties and multiple income streams. The respondent's claim of financial constraint was contradicted by bank statements showing significant income and discretionary payments. The court held that the reciprocal duty of support requires the respondent to prioritize the applicant's needs over those of third parties. The applicant's request for increased ma…
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F.V.N v J.V.N (5244/2024) [2024] ZAFSHC 333 (25 October 2024)
Rule 43 interim relief in a divorce matter: child maintenance, medical aid, day care and utilities were ordered, while the applicant’s own maintenance and costs plea were dismissed.
F.B v J.B (2023/01363) [2024] ZAGPJHC 1003 (25 September 2024)
Rule 43 maintenance and costs application: the court awarded interim maintenance of R65,000 monthly and a contribution toward legal costs.
Keaomontri v Davids N.O (2021/24876) [2023] ZAGPJHC 1137 (9 October 2023)
The High Court dismissed an exception to a maintenance claim by a surviving life partner, holding the pleadings adequately alleged reciprocal support after Bwanya.
E.W v V.H (12272/2022) [2023] ZAWCHC 58; [2023] 2 All SA 404 (WCC); 2023 (4) SA 123 (WCC) (17 March 2023)
The majority held that the applicant failed to establish the necessity or appropriateness of developing the common law to recognise a duty of support between unmarried opposite-sex permanent life partners following termination of the relationship. The court found that the applicant already has a common law remedy, as recent jurisprudence (Bwanya) recognises that a duty of support may arise in relationships akin to marriage, provided it is proven in a familial setting. The pending action is the appropriate forum to determine the existence of such a partnership and any entitlement to maintenanc…
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Lesia obo A.N.L v Road Accident Fund (2016/1728) [2019] ZAGPPHC 148 (13 May 2019)
The court found that the plaintiff's evidence regarding the nature of her relationship with the deceased was uncontested and credible. The relationship exhibited characteristics of a life partnership, including cohabitation, shared expenses, an express oral agreement to support one another, and an intention to marry. These facts established a reciprocal duty of support, which the law recognises for the purposes of a dependants' action. The court held that the plaintiff was entitled to claim for loss of support in her personal capacity. Regarding costs, the court exercised its discretion and f…
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Cawood v Road Accident Fund (A789/2016) [2018] ZAGPPHC 581 (22 June 2018)
The appeal was upheld because the appellant's uncontested evidence established a relationship with the deceased akin to marriage, including cohabitation, joint financial arrangements, and preparations for marriage. The trial court erred in granting absolution of the instance by requiring corroborative witnesses when the appellant's evidence was neither improbable nor incredible and was not challenged by the respondent. The court found that the probabilities overwhelmingly supported the existence of a tacit agreement for reciprocal support, entitling the appellant to compensation for loss of s…
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SJ v SE (2016/30298) [2018] ZAGPJHC 724 (24 April 2018)
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…
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