Woman's Hopes Dashed As Court Dismisses Bid for R56K Maintenance From Ex-boyfriend

Woman's Hopes Dashed As Court Dismisses Bid for R56K Maintenance From Ex-boyfriend

  • A woman's hopes of getting R56 000 in spousal maintenance from her ex-boyfriend were dashed by the Western Cape High Court
  • The couple had been in a nine-year relationship and had two kids together before their unceremonious split
  • A dissenting judge criticised the dismissal, arguing that it perpetuates unfair discrimination against traditionally disadvantaged life partners

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CAPE TOWN - A woman's bid to get R56 000 in spousal maintenance out of her ex-boyfriend has ended in disappointment. The Western Cape High Court dismissed her application, leaving her empty-handed.

A woman's bid to get R56 000 maintenance from her ex-boyfriend was dismissed by the Western Cape High Court
The Western Cape High Court has rejected a woman's application to get R56 000 monthly maintenance from her ex-boyfriend. Image: stock photos
Source: Getty Images

The woman, referred to as EW in court papers, was in a long-term relationship with her boyfriend and father of her three children, VH. The court heard how, during the nine-year relationship, VH gave EW about 100,000 a month for household expenses and maintenance.

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Woman takes ex-boyfriend to court

After the couple broke up in April 2022, the 100,000 checks stopped rolling in as VH drastically reduced his monthly contribution.

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The couple had also rented a family home we just paid for by a trust under VH’s control. The man also threatened to cancel the lease and take the children away from EW, News24 reported.

With no assets or income, EW ran to the courts, hoping that the judges would come to her aid. She argues that during the relationship, the couple shared a common home for seven years and that the public generally viewed their relationship to be a marriage.

EW claimed that they often referred to each other as husband and wife and shared responsibility for caring for their shared home.

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Dissenting judge criticises maintenance dismissal

After hearing both arguments, two judges on the bench, Judge Judith Innes Cloete and Judge Hayley Maud Slingers, dismissed EW's application with no costs. Another judge, Derek Wille, did not see eye-to-eye with his colleagues and gave a dissenting judgement.

Judge Wille said that he would have granted a different order claiming that life partners are often not afforded protection, which constitutes unfair discrimination against people who are traditionally disadvantaged and marginalised, IOL reported.

Judge Wille criticised

“The discrimination here maintains the traditional power structure in which a male partner dictates the nature of the relationship and, therefore, the consequent entitlement to legal benefits flowing from the relationship.”

Mzansi amused by woman's maintenance bid

Below are some comments:

Lenkoe Matlhomola praised:

"Good! This thing of getting rich quick must end."

Mrambo Punki Napo commented:

"It was worth a shot. Next time girl."

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Rashaad Jakoet asked:

"How did it even end up wasting the court's time? Surely there's enough stuff to keep the courts busy rather than this rubbish."

Bongani Stober Mahlalela added:

"A full bench entertaining such hogwash."

Vus Umzi said:

"There are many ways of "ukuphanda" better luck next time, my sister."

Kevin Sadie stated:

"If they were married, then the court would have ruled in her favour."

Doctor sues Side chick over child maintenance

In another story, Briefly News reported that a doctor discovered the child he had supported for 11 years wasn't his. The man reacted to the news by taking legal action.

Online users picked sides in the comments, some argued in favour of the man, but others thought he was wrong.

A story went viral on Twitter explaining how a man reacted to finding out he was taking care of another man's child. The man from Zimbabwe, Bulawayo, works as a pathologist and has been paying child support for 11 years.

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Source: Briefly News

Authors:
Lerato Mutsila avatar

Lerato Mutsila (Current affairs editor) Lerato Mutsila is a journalist with 3 years of experience. She obtained a Bachelor of Arts in Journalism from Pearson Institute of Higher Education in 2020, majoring in broadcast journalism, political science and communication. Lerato joined the Briefly News current affairs desk in August 2022. Mutsila is also a fellow of the 2021/2022 Young African Journalists Acceleration programme, which trained African journalists in climate journalism. You can contact Lerato at lerato.mutsila@breifly.co.za