R.B v S.A.E.R (2023/014603)
R.B v S.A.E.R (2023/014603) [2023] ZAGPJHC 1041 (18 September 2023)
The court held that Rule 43 applies to matrimonial matters involving Muslim marriages, even if the marriage was not solemnised under the Marriage Act and even where a Talaaq has been pronounced. The Divorce Act, as clarified by the Constitutional Court in Women's Legal Centre Trust v President of the Republic of South Africa and Others, does not apply to Muslim marriages concluded after 15 December 2014. Therefore, the applicant cannot rely on section 7(3) of the Divorce Act. However, the common law definition of marriage now includes Muslim marriages, and the duty of support between spouses…
Source excerpt
- Muslim Marriage Recognition
- Maintenance Pendente Lite
- Constitutional Invalidity
- Talaaq Divorce
- Rule 43 Procedure