IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF KWA ZULU NATAL
HELD AT NEWCASTLE
CASE NO: KZN/NC/RC 955/2020

In the matter between:
NAVANI CHETTY [PLAINTIFF]
And
BERTLEN DANIEL CHETTY [DEFENDANT]

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ABBREVIATED SUMMONS

TO: Mr Bertlen Daniel Chetty (Defendant), a male formerly residing at Aloe Ridge 2, Unit 4121, 125 Stoneridge Drive, Greenhill Extension 30, Johannesburg, or 17 Crescrum Street, Palmridge, Germiston, but whose present whereabouts are unknown;

TAKE NOTICE that by summons issued by this Court, you have been called upon to give notice within ten (10) days after publication hereof to the Registrar, 33 Murchison Street, Newcastle, 2940 (Private Bag X6655, Newcastle, 2940) and to the Plaintiff/Plaintiff’s legal practitioner of your intention to defend (if any) in an action wherein NAVANI CHETTY (Plaintiff) avers as follows:

1. Plaintiff and Defendant were married to each other in community of property at Ladysmith on the 25th of April 2015, which marriage still subsists.
2. Two minor children were born from the marriage between the parties, namely:
   • Tiaego Daniel Chetty, a boy born on 16 September 2015;
   • Ava Martez Chetty, a girl born on 17 August 2016.
3. The marriage relationship between the parties has irretrievably broken down for the following reasons, namely:
   3.1. There is no meaningful communication between the parties;
   3.2. Defendant has committed adultery;
   3.3. Defendant has fathered a child with another lady;
   3.4. The parties are not living together as husband and wife since August 2019;
   3.5. The Defendant was physically and verbally abusive towards Plaintiff;
   3.6. Plaintiff has lost all love and affection for the Defendant;
   3.7. Plaintiff has lost all interest in the continuation of the marital relationship.
4. It will be in the best interests of the minor children if primary care and residence are awarded to the Plaintiff, subject to the Defendant having reasonable rights of contact with the minor children.
5. Plaintiff is in need of maintenance for the minor children in the sum of R1000.00 (One Thousand Rands) per month per child.

Wherefore Plaintiff prays for an order against the Defendant as follows:

a. A decree of divorce;
b. Primary care and residence of the minor children, subject to the Defendant having reasonable rights of contact with the minor children;
c. Defendant to pay maintenance in respect of the minor children in the sum of R1000.00 per month per child;
d. Costs of suit only in the event of the action being defended;
e. Further and/or alternative relief.

TAKE NOTICE FURTHER that if you fail to give such notice, judgment may be granted against you without further reference to you.