Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights (Updated)

Divorced Muslim Fathers’ parental rights

COMBINED SUMMONS

• within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
• thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

PLAINTIFF’S PARTICULARS OF CLAIM

1. The Plaintiff and the Defendant are as described on the face of the Summons.
2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
4. Kindly find attached a copy of their marriage certificate marked “A”.
5. There are no minor children born from the marriage.
6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
   • There is no love and affection; and
   • The Plaintiff no longer wish to be married to the Defendant.

1. A Decree of Divorce;
2. Equal Division of the Joint Estate;
3. Costs, only in the event this action is defended; and
4. Further and / or alternative relief.