Petersen v Maintenance Officer and others (2004) 1 All SA 117 (C)

Main Issue: Maintenance/paternal grandparent’s duty to an enquiry to pay maintenance

Findings: Applicant (single mother) was receiving inadequate maintenance contribution from the father of her children. She requested the respondent to summon the paternal grandparents for an enquiry to establish their ability to pay maintenance. Court held that he common law rule which prohibits calling grandparents for enquiry and subsequent payment of maintenance if possible is unconstitutional as it also failed article 36 of Constitution as it is unjustifiable.

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