14/05/2022
https://www.facebook.com/107220577773476/posts/527816562380540/
Victory has prevailed! The South Gauteng High Court, Johannesburg has ordered a wealthy husband and father to pay interim maintenance in the region of R70 000.00 per month.
In the recent case of B v B (58944/2021) [2022] ZAGPJHC 273 (3 May 2022), the South Gauteng High Court, Johannesburg had to decide on a Rule 43 application which was instituted by the wife (the applicant). The applicant sought an order for interim maintenance for herself and the minor child, primary residency of the minor child and a contribution towards her legal costs.
The husband and father of the child (the respondent) opposed the relief sought and tendered a meagre R2 000.00 per month for meals.
The evidence contained in the papers demonstrated that the respondent was a wealthy man who owns a farm in Egypt, travels to that country at least once a year, has an impressive property portfolio, earns a salary of R40 000.00 per month from his employer and receives income from various other income streams and often frequents the Casino to gamble. The parties’ lifestyle was anything but that of a life of a pauper.
In Rule 43 proceedings where maintenance is sought, a court must consider the lifestyle of the applicant during the marriage, the reasonable needs of the applicant and the affordability of the respondent ordered to pay such maintenance.
It was evident to the court that the applicant had a need for which the respondent could comfortably afford and was ordered to pay the following maintenance, pendente lite, together with other relief:
1. Spousal maintenance for the applicant in the
amount of R20 000.00 per month
2. Maintenance for the minor child in the
amount of R15 000.00 per month
3. An amount of R9 625.00 per month for
medical aid premiums for the entire family
4. An amount of R7 495.00 per month being
household costs
5. An amount of R15 000.00 for accommodation
costs for the applicant and the minor child
6. The respondent to maintain the applicant’s
motor vehicle
7. An amount of R10 000 as a contribution
towards the applicant’s legal costs
