South Africa Case Law

F.R v F.R (Born C.C.R) and Others (14770/2011)

F.R v F.R (Born C.C.R) and Others (14770/2011) [2015] ZAWCHC 6; [2015] 2 All SA 352 (WCC) (29 January 2015)

Court

Western Cape High Court, Cape Town

Case number

14770/2011

Judge

Bremridge

The court held that, for purposes of South African law, the Islamic marriage between the Plaintiff and First Defendant was not validly contracted. However, the existence of the First Defendant's prior civil marriage does not constitute a bar to the Plaintiff's claim for proprietary relief arising from her Islamic marriage. The court relied on Constitutional Court authority, particularly Daniels v Campbell and Hassam v Jacobs, which extended statutory protections to spouses in Muslim marriages, including polygamous unions. The court found that the Divorce Act's reference to 'marriage' should b…

Source excerpt

• Recognition Of Muslim Marriages
• Polygamous Marriage
• Proprietary Consequences
• Maintenance
• Divorce Act Interpretation

D[....] v S[....] (CCT18/06)

D[....] v S[....] (CCT18/06) [2006] ZACC 25; 2006 (8) BCLR 869 (CC) (23 May 2006)

Court

Constitutional Court

Case number

CCT18/06

Judges

Langa, Moseneke, Madala, Mokgoro, Nkabinde, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court refused leave to appeal in a dispute involving a Muslim divorce and a claimed universal partnership, citing no prospects of success and a late filing.

• Recognition Of Muslim Marriages
• Universal Partnership
• Leave To Appeal
• Condonation Of Late Filing
• Muslim-marriage
• Universal-partnership