Widow wins R19m maintenance case
A Western Cape High Court judge has ruled that a woman who went to court to prove she was still married to her husband at the time of his death in 2012, may access more than R19m in maintenance that her now deceased co-wife had tried to prevent her from claiming.
A report on the IoL site notes that Judge Yasmin Meer made the ruling after a complicated trial spanning 19 days and involving 13 witnesses, including Muslim scholars and which involved interpretation of Shariah law as well as civil law.
The case dealt with whether the woman was still married, according to Islamic Shariah law, to her husband when he died in July 2012, and was accordingly a surviving spouse in terms of the Maintenance of Surviving Spouses Act.
The court heard that the November 1992 marriage was solemnised in accordance with Islamic Shariah law and that the couple had two children.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
