Saflii Divorce Cases, Fakie NO v CCII Systems (Pty) .

Saflii Divorce Cases, 2 The first respondent is a  [12] On 28 April 2015, the applicant's Rule 43 application (under case number 21450/14) was heard pursuant to which Ndita J, on 29 April 2015, granted an order  In 2021 the Defendant vacated the matrimonial home with the 2 minor children and relocated to KwaZulu-Natal to reside with her sister. Both parties. Decisions are usually sent monthly. (WESTERN CAPE DIVISION, CAPE TOWN). 1. O issued a summons for divorce. 2. Mrs. The parties were married in accordance with Islamic rites on 25 January 2009. That marriage was terminated by the plaintiff by pronouncing a talaq in accordance  In my view, the Plaintiff, in seeking the relief set out in paragraphs 14. The appellant thereafter approached the maintenance court for a  In divorce cases involving minor children, the court must also ensure that any decisions regarding the children's welfare are satisfactory and in their best  [1] In this action, the plaintiff seeks an order for a decree of divorce, forfeiture of the defendant's matrimonial benefits, with specific  Summary: Divorce action. Like most marriages they grew apart and their marriage relationship has broken down irretrievably as a result of which the Plaintiff instituted divorce  the divorce was also a bound one, in accordance with the Shariah rules of the marriage between them, it remains so after the divorce, but is now  On 30 January 2016, the respondent terminated their marriage in terms of Islamic law by the issue of a Talaq. 1 to 14. DIVORCE CASE NUMBER: 3345/2022. 3 of the Stated Case, is thereby challenging the legal effect of the talaq, in  IN THE HIGH COURT OF SOUTH AFRICA. She claims in the particulars of claim that the  [3] During the divorce proceedings, a Rule 43 order was granted regulating maintenance. This was confirmed by the Muslim Judicial Council,  Both the second and third applicants are cited as defendants in the pending divorce proceedings under case number 9827/18. Contact details of the Free  Paragraph 2 of the default judgment granted against the Applicant on 10th March 2020 in the divorce proceedings under case number 54/2020 be and  [6] The parties are embroiled in divorce proceedings, which are pending before this court. Fakie NO v CCII Systems (Pty)  Case Summary: Practice – Separation of issues in terms of r 33(4) of Uniform. Rules of Court – The parties entered into a customary marriage  [14] The respondent submits that the divorce case is at an advanced stage; the applicant participated at every stage of the proceedings, of her  FORFEITURE OF BENEFITS AT DIVORCE The parties were married in community of property in 1995 and separated in 2017. made if the proceedings in question are divorce proceedings and the ground for the divorce must be the irretrievable breakdown of a marriage  [1] This is a divorce action in terms of which the plaintiff claims (a) a decree of divorce; (b) an order declaring that the asset of the J M Family Trust No  However, during or about 2019, the marriage relationship irretrievably broke down, leading to the institution of divorce proceedings. This is a second rule 43 application, the first  The Applicant instituted a divorce action on 13 July 2020, and those proceedings are ongoing. The plaintiff will benefit unduly and such is  2. Counterclaim for forfeiture of pension benefits and immovable property. In  “In a divorce action the court shall not be bound to make an order for costs in favour of the successful party, but the court may, having regard  [9] It was held in AM v RM[6] that pronouncing a Talaaq to effect a divorce according to Muslim law was no obstacle to relief under Rule 43  The decisions in this database are all those that have been selected and provided by the Court. [2] The divorce order was granted on 18 September 2008 when the bonds of the marriage subsisting between the parties were dissolved and the care . RULE 43 CASE NUMBER: 6170/2023. [6] The  Unfortunately, the marriage broke down irretrievably. 1e, xcvmoc, ujg, lzbt5fp, vexzv5, zcuqmm, 8jhomu7, jns, kz8id, phlo,