Wife seeking custodial order for unpaid spousal maintenance loses case

A DURBAN woman who wanted her estranged husband to be held in contempt of court for failing to pay spousal maintenance had her application dismissed.

- SINENHLANHLA MASILELA

The couple, who married in community of property in March 2014, found themselves in a lengthy and contentious divorce process that began in January 2019. With no children from the marriage, the wife sought monthly support from her husband, initially demanding R30 000 through a Rule 43 application.

In October 2019, the court ordered the husband to pay her R7 500 every month and retain her on his medical aid. He was also ordered to finance monthly instalments for her car.

She approached the KwaZulu-Natal High Court in Durban for relief after her husband defaulted on payments. She stated that as of September 2022, his arrears exceeded R240 000.

She wanted her husband to be held in prison for 30 days.

In response, the husband said the wife knew that he lost his job in May 2021 after he was dismissed by Transnet following disciplinary proceedings. Since his termination, he has relied on various odd jobs to support himself.