In the High Court of South Africa, Eastern Cape, Port Elizabeth

Case No. 2154/08
Date Heard: 26/05/2009
Date Delivered: 29/05/2009

We were consulted by Mrs A Mahomed with regards to maintenance which was not being paid to her by her husband. Client is married in terms of Muslim Law and this marriage is not recognised by South African Law. She therefore literally had no place to turn because of that. We then approached the High Court in Port Elizabeth by doing the following namely:-

1.    Issuing a summons for divorce and ancillairy relief;
2.    Applying to Court in terms of Rule 43 for interim maintenance for herself and the children as well as a contribution towards our costs.

The summons was duly served and defended as well as the application in terms of Rule 43. The application went ahead and was argued before Judge Revelas in the High Court and she ruled in favour of the Applicant i.e our client that maintenance on an interim basis was to be paid as well as a contribution towards costs to be made.

This is the first matter of its nature in South Africa whereby the Judge took into account the common law principals even although the marriage in itself was not recognised by South African Law.

There have been moves a foot for many years now to have Muslin marriages recognised in terms of SA Law but to date this has not yet transpired.

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