SJ v SE (2016/30298)
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…
Source excerpt
- Rule 43 Interim Relief
- Islamic Marriage Recognition
- Talaq Divorce
- Reciprocal Duty Of Support
- Constitutional Rights
- Maintenance Pendente Lite