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South Africa: North Gauteng High Court, Pretoria
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[2018] ZAGPPHC 382
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Modisane v Modisane and Another (10061/2018) [2018] ZAGPPHC 382 (13 March 2018)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
(1)
NOT REPORTABLE
(2)
NOT OF INTEREST TO OTHER JUDGES
CASE NO: 10061/2018
13/3/2018
In the matter between:
HLEKIWE
ANNIE
MODISANE
Applicant
and
MOTSEOSE KOOS
MODISANE
First Respondent
MOMENTUM
Second Respondent
JUDGMENT (Reason)
Tuchten
J:
1 This
is
a
request for reasons for having dismissed the applicant's urgent
application.
2 The
applicant brought an urgent application to interdict the second
respondent from paying out the first respondent's pension pending a
maintenance enquiry, which is presently pending, into the first
respondent's obligation to pay maintenance for two minor children
born of their relationship..
3 I
characterised the relief sought by the applicant as an
anti-dissipation
interdict. I concluded that there was no evidence
that the first respondent intended to dissipate his pension when it
was paid
out to him.
4 I
accordingly dismissed the application.
NB Tuchten
Judge of the High Court
13 March 2018