A recent ruling in the Gauteng High Court has clarified the application of the Divorce Amendment Act 1 of 2024, specifically in relation to Muslim marriages. The case involved an applicant seeking interim maintenance and legal costs during divorce proceedings despite her husband having issued a Talaq (Islamic divorce declaration).
Senior lecturer at the University of the Western Cape’s Faculty of Law, Dr Ashraf Booley, explained that the applicant could claim relief under Rule 43 of the Divorce Act because of the legal recognition of Muslim marriages under the amendment. “Reading on this particular case, I think there are several issues we have to look at. First, the Talaq that was issued was a contested issue. In her papers, she still viewed herself as a spouse,” said Booley.
He added, “In terms of the Divorce Amendment Act, she was found to be a spouse because it covers Muslim marriages, and therefore, she launched the interim application under Rule 43.”
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