“This reveals his [the husband’s] submissions, in his affidavit, are at best misguided. At worst they are a disingenuous attempt to obfuscate his financial position,” Davis said.
“Without overly belabouring the record, the funds he has at his disposal — and in particular his disposable income as evinced by his spending at luxury boutiques and holidays — makes a mockery of his allegation that his income is limited to his salary.”
The couple had been married since 2009. She said she left the marital home in March because he was having a relationship with a close friend “that seemed destined to result in a polygamous marriage”.
She was living with a relative in his rented accommodation and would need to find another home for her and the children.
The wife claimed just more than R108,000 a month for expenses, a payment of R171,000 for household furniture, payment of all medical aid expenses for her and the children, educational costs for the children and R50,000 as a contribution to legal costs for the impending divorce.
Davis said while the husband had been less than forthcoming with his financial affairs, this did not mean she was entitled to the full amount of her claim. Rule 43 proceedings were meant to be inexpensive and expeditious, to give speedy relief to a spouse who may have been cut off from financial support.
“The issues cannot be determined with the same degree of precision as in a trial. It does not necessarily entertain the granting of a wish list.”
He said the woman’s claims appeared to be excessive. In his order, he granted the woman monthly maintenance of R55,000 and ordered the man to pay medical and educational costs. He ordered that he pay R50,000 for furniture and R40,000 as a contribution to legal costs.
TimesLIVE
Wife who left surgeon husband for cheating on her with best friend claims R100k maintenance
Judge rules that while husband was 'less than forthcoming' about his wealth, this does not mean wife is entitled to full amount of 'excessive' claim
Image: 123RF/EVGENYI LASTOCHKIN
An Umhlanga surgeon has been accused of deliberately misleading and “hiding his true financial position” in pre-divorce proceedings in which his wife sought maintenance for her and the couple’s three children of more than R100,000 a month.
However, the wife — who claims she left him because he started a relationship with her best friend “with a view to entering into a polygamous marriage” — said in her court papers that apart from owning his own laparoscopic clinic, he was a trustee of two trusts, a director of three companies and had R950,000 invested in cryptocurrency.
She also believed the family home was worth R10m and he had cars valued at another R1m.
The couple cannot be named to protect the interests of their children.
Durban acting high court judge Garth Davis, in his recent judgment on the application, said the father claimed to earn R79,500 a month and, in his affidavit, did not deal with the other allegations of his wealth.
Davis said counsel for the wife had subjected the surgeon’s financial disclosures to a “searing and unforgiving analysis”.
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“This reveals his [the husband’s] submissions, in his affidavit, are at best misguided. At worst they are a disingenuous attempt to obfuscate his financial position,” Davis said.
“Without overly belabouring the record, the funds he has at his disposal — and in particular his disposable income as evinced by his spending at luxury boutiques and holidays — makes a mockery of his allegation that his income is limited to his salary.”
The couple had been married since 2009. She said she left the marital home in March because he was having a relationship with a close friend “that seemed destined to result in a polygamous marriage”.
She was living with a relative in his rented accommodation and would need to find another home for her and the children.
The wife claimed just more than R108,000 a month for expenses, a payment of R171,000 for household furniture, payment of all medical aid expenses for her and the children, educational costs for the children and R50,000 as a contribution to legal costs for the impending divorce.
Davis said while the husband had been less than forthcoming with his financial affairs, this did not mean she was entitled to the full amount of her claim. Rule 43 proceedings were meant to be inexpensive and expeditious, to give speedy relief to a spouse who may have been cut off from financial support.
“The issues cannot be determined with the same degree of precision as in a trial. It does not necessarily entertain the granting of a wish list.”
He said the woman’s claims appeared to be excessive. In his order, he granted the woman monthly maintenance of R55,000 and ordered the man to pay medical and educational costs. He ordered that he pay R50,000 for furniture and R40,000 as a contribution to legal costs.
TimesLIVE
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