Wife not bound to support husband's child
The Gauteng High Court (Johannesburg) has dismissed an unemployed husband’s attempt to secure maintenance for a child born outside his marriage, ruling that his estranged wife has no legal obligation to support the child.
According to a report in The Independent on Saturday, the court ruled that the relief sought falls outside the scope of Rule 43 proceedings and that the wife has no legal duty to support the child born outside the marriage.
The parties were married in community of property in April 2022. At the time of the marriage, the husband was 30 and the wife 46. No children were born of the marriage.
However, the husband fathered a child with another woman in June 2025 while still married.
The wife instituted divorce proceedings in September 2025, citing the husband’s extramarital affair and the birth of the child.
Despite the pending divorce, the husband continues to live in the marital home and relies on food purchased by the wife. The wife’s only income comes from rental cottages located on property in Germiston that she owned before the marriage.
Although eight cottages exist on the property and could generate approximately R24 500 monthly when fully occupied, current rental income stands at about R7 200 a month.
The husband sought two forms of interim relief, R4 500 per month in maintenance for his child as well as shared control of rental income generated from the cottages.
He argued that he previously supported the child and the child’s mother using rental proceeds and that the wife’s decision to instruct tenants to pay rent directly into her personal account deprived him of funds needed to support the child.
The Independent on Saturday notes Acting Judge DJ Smith held that the wife has no legal duty to maintain a child born to her husband outside the marriage unless she explicitly undertakes such a responsibility.
The court also rejected the husband’s attempt to secure shared control of the rental income.
Smith emphasised that Rule 43 proceedings are limited to specific interim relief such as maintenance, contributions to legal costs, and childcare arrangements.
The court held that disputes about ownership or distribution of assets within the joint estate, including rental income, must be decided during the divorce trial itself.
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.
