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South Africa decisions
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R.M v A.M (18177 / 2014) [2022] ZAWCHC 65 (3 May 2022)
Rule 43(6) divorce application for increased maintenance and further litigation-cost contributions dismissed in part, with limited trial cost contributions ordered.
AP v S (A33/2019) [2021] ZAGPJHC 757 (12 August 2021)
The appeal court found that the trial court did not err in imposing a custodial sentence for wilful failure to pay maintenance. The appellant's claim of inability to pay was rejected on the facts, and there was no basis for converting the criminal trial into a maintenance inquiry under section 41 of the Maintenance Act. The trial court properly considered the seriousness of the offence, the impact on the complainant and children, and the appellant's lack of remorse. The sentence imposed was not shockingly inappropriate or vitiated by misdirection. The appeal court held that the sentence was f…
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