S v H (A5001/2022) [2022] ZAGPJHC 355 (24 May 2022)
The below case deals with circumstances under which a person may approach the High Court for contempt of court proceedings against a defaulting party, where the defaulter was ordered by the Maintenance Court to pay maintenance.
In terms of Chapter 5 of the Maintenance Act, the enforcement of a maintenance order is suspended when the defaulter brings an application for variation or reduction of an existing maintenance order.
The Applicant in S v H brought an application for contempt of court in the High Court, requesting the High Court to force the Respondent to pay the arrear maintenance.
The order was granted. The reader’s attention is however directed to the special circumstances and urgency under which the application was brought.
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