M.K v D.K (1246/2021)
M.K v D.K (1246/2021) [2021] ZAECPEHC 36 (29 June 2021)
The High Court does not have jurisdiction under Rule 43 to grant interim relief in divorce proceedings where the main action is pending in the Regional Court; such relief must be sought under Rule 58 in the magistrate's court. The applicant's reliance on the High Court's inherent jurisdiction was unfounded, as there was no evidence of immediate threat to the welfare of the minor children and a parenting plan was already in operation. The magistrate who dismissed the Rule 58 application is not functus officio, and the applicant is not without remedy, as simple interlocutory orders may be revis…
Source excerpt
- Interim Maintenance
- Parenting Plan
- Rule 58 Magistrates Court
- Rule 43 High Court
- Inherent Jurisdiction