Particular of Claim

                                                                   ANNEXURE

                                 PLAINTIFF'S PARTICULARS OF CLAIM

                                                                             1.

The Plaintiff is BLACK PEPPER, a major, employed at Robinson Spice, 11 Union Street, EMPANGENI as an engineer and who resides at   1 Pepper Place, Birdswood, RICHARDS BAY, Kwazulu-Natal.

                                                                             2.

The Defendant is WHITE PEPPER, (born SALT) an adult female, employed as a cashier at Pick & Pay, Boardwalk centre, RICHARDS BAY and resident at 1 Pepper Place, Birdswood, RICHARDS BAY, KwaZulu-Natal.

                                                                             3.

Both parties are domiciled within the area of jurisdiction of the above Honourable Court. 

                                                                             4.

The Plaintiff and the Defendant were married in community of property on the 7 ^th January 1989, which marriage still subsists. A copy of the marriage certificate is attached hereto as Annexure “B”.

                                                                             5.

There is one minor child born of the said marriage between the parties namely:

5.1       BLACK PEPPER JNR, a male, born 5 July 2000.

                                                                             6.

The Plaintiff finds the following conduct of the Defendant unacceptable and is intent on a divorce:-

PARTICULARS:

6.1	(a)	The parties argue on a regular basis;
	(b)	There is a total breakdown of proper communication between the parties;
	(c )	The Defendant often leaves the matrimonial home without informing the Plaintiff, only to return intoxicated.

6.2       The Plaintiff finds the Defendant’s aforesaid conduct intolerable and irreconcilable with a continued marriage relationship and wishes to be divorced from her.

                                                                             7.

In the premises, the marriage relationship between the Plaintiff and Defendant has

reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.

                                                                             8.

It will be in the best interest of the minor child, if custody of him is awarded to the Plaintiff.

                                                                             9.

The Plaintiff requires and the Defendant can afford to pay maintenance to the minor child in the amount of R500, 00 (FIVE HUNDRED RAND) per month.

WHEREFORE the Plaintiff claims judgment against the Defendant for:

(a)	A decree of divorce on the grounds of irretrievable breakdown of the marriage relationship;
(b)	An order awarding the primary care giving of  BLACK PEPPER JNR, a child born form the marriage relationship, to the Plaintiff;
(c )	An order directing the Defendant to pay maintenance to the minor child at the rate of R500,00 (FIVE HUNDRED RAND) per month;
(d)	Costs of suit, in the event of the matter being defended;
(e)	Further and/or alternative relief.

DATED AT RICHARDS BAY THIS ______     DAY OF _____________2012.

_______________________

BOSTON LEGAL                                                               

ATTORNEYS FOR PLAINTIFF

1 Union Street

EMPANGENI