IN THE HIGH COURT OF SOUTH
AFRICA
PIET PINK
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APPLICANT
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And
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PINKIE PINK
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RESPONDENT
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NOTICE IN TERMS OF RULE 43(6)
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TO : The
Registrar of the above Honourable Court
AND TO : PINKIE PINK
BE PLEASED TO TAKE NOTICE that if you intend to defend
this claim you must, within ten (10) days, file a reply with the Registrar of
this Court, at Masonic Grove, Durban, giving an address for service as referred
to in Rule 6(5(b) and serve a copy thereof on the Applicant’s Attorney. If you do not do these things you will be
automatically barred from defending, and Judgment may given against you as
claimed. Your reply must indicate what
allegations in the Applicant’s statement you admit or deny and must concisely
set out your defence.
DATED at RICHARDS
BAY
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APPLICANT’S ATTORNEY
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IN
THE HIGH COURT OF SOUTH
AFRICA
(DURBAN
CASE NO:
PIET
PINK
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APPLICANT
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And
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PIENKIE
PINK
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RESPONDENT
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APPLICANT’S SWORN STATEMENT
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I,
the undersigned
PIET PINK
do hereby make oath and say:
1.
I am a major male entrepreneur
and am presently resident in Durban
2.
I
am the Applicant herein. The contents hereof fall within my personal knowledge,
save where to the contrary indicated and are to the best of my belief true and
correct.
3.
The
Respondent is PINKIE PINK, an adult female, residing at 2 Alba Drive, Durban,
KwaZulu Natal within the jurisdiction of this Honourable Court.
4.
The
Respondent and I were married to each other out of community of property with
inclusion of the accrual system on 1April 2000. For purposes of the nett value of our
respective estates at the commencement of the marriage, we declared such value
to be nil.
5.
One
minor child was born of our marriage, namely KELLY PINK a girl born on 23
January 2001.
6.
The marriage relationship
between Respondent and I broke down irretrievably and a divorce action has been
pending between us since January 2008.
7.
During
May 2000 this Honourable Court granted an order in terms of the provisions of
rule 43, in terms of which I was ordered to pay interim maintenance in the
amount of R10 000,00 in respect of Respondent and the aforesaid minor child. I annex, marked annexure
“A”, a copy of the said order.
8.
I respectfully
submit that due to a material change that took place in my circumstances, it
would be appropriate that the aforementioned order be varied and alternatively
or amended in terms of the provisions of rule 43(6).
9.
In
pursuance of the aforementioned order, I paid the aforementioned amount.
10.
I
however lost my former employment.
11.
I
negotiated an employment contract with ABC Consultants. I annex, marked annexure “C”, a
copy of my employment contract with ABC Consultants.
12.
The
Honourable Court will note from annexure “C” that my basic salary is R5 000,00
per month.
13.
After
I had notified Respondent of my new employment, she however contacted my new
employer and advised them that since I was not complying with my maintenance
obligations, I cannot be trusted.
14.
Contrary
to Respondent’s beliefs, my current financial position is as set forth
hereunder.
16.
I
currently receive a salary of R5 000,00 per month as appears on the contract
I have no other source of income.
17.
My
reasonable monthly expenses are as follows:
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17.1
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Fuel
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R 500,00
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17.2
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Rent
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R1
500,00
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17.3
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Groceries
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R 800,00
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17.4
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Telephone
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R 500,00
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17.5
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Water
and electricity
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R 350,00
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17.6
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Maintenance(Kelly)
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R 400,00
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17.7
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Legal
Cost
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R 250,00
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17.8
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Hairdresser
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R 50,00
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17.9
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Medical
Cost
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R 100,00
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17.10
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Clothing
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R 100,00
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TOTAL
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R4
550,00
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18.
I
currently am possessed of the following assets:
18.1
Old Computer value R2
000,00.
19.
My
liabilities amount to R 300 000 , made up as follows:
19.1
Debts +-R300
000,00.
20.
I
am not aware as to Respondent’s financial position. I however believe that she has obtained
employment with AAA.
21.
I
further have reason to believe that Respondent is living with another man as
husband and wife.
22.
I
respectfully point out that due to my current financial situation, I am not in
a position to comply with the aforementioned Court order and pray that it may
please the Honourable Court to amend the order.
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PETER PINK
I certify that the
deponent has acknowledged that he knows and understands the contents of this
affidavit which was signed and sworn to before me at on this the day of 2003, the Regulations
contained in Government Notice No. R35 dated 14 March 1980 having been complied
with.
_____________________________
COMMISSIONER OF OATHS
FULL NAMES:
BUSINESS ADDRESS:
DESTINATION:
AREA:
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