MEREDITH VICTOR v CHRISTOPHER VICTOR

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. D57 of 1994 BETWEEN: MEREDITH VICTOR Petit v. CHRISTOPHER VICTOR Re Mr. M. Gordon for Petitioner Respondent served. Did not appear. Taken Ex Parte 1996: January 24; February 9. JUDGMENT MATTHEW J. (In Chambers) . Petitioner is 36 years old and the Re is one They were married at the Seventh Day Adventist on 12, 1981. There are two children of the fami name Khrishna born on January 21, 1983j and Krystal born on October I, 1987. On April 12, 1995 the Petitioner obtained a decree nisi on the ground that the marriage had broken down irret to the fact that the Respondent had committed adultery Veronica Denis and the Petitioner found it intolerable to live At the hearing the Respondent was not present and was not represented by Counsel. On November 8, 1995 the Petitioner filed a notice of applicat for ancillary relief seeking the following: (a) custody of the children with access to the Respondentj (b) maintenancej (c) property orderj and d) costs. On the same day she filed an affidavit of means how spent $1,600 out of her monthly salary as a teacher amount to $1,717.00 after deduction of income tax. Respondent was served with the notice on 23, 1995 did not appear at the hearing. Only the Pet gave dence at the hearing. In answer to t Court the Petit stated that the Respondent is a wel r, upholster j has no fixed income. I shall proceed to deal with the Petitioner's applicat reference to the notes of evidence as appropriate. CUSTODY AND ACCESS children are girls aged 13 and 8. They live with ir r takes care of them. They go to school and the mother is also a teacher. I grant custody of the children to the Petit reasonable access to the Respondent. Petitioner stated in respect of access that it d restricted to the daytime since the Respondent has no stable re ationship and she would not like the Respondent to have the ldren overnight as she feared he could leave them on ir own. I agree that this should be so for the time being and that access d be restricted to the daytime. MAINTENANCE Petitioner asked that an order should be made for Respondent to pay her for the maintenance of the children $50.00 week per child because that is what the law says. Neither nor her Counsel pointed out that particular law to me. In answer to me the Petitioner stated that when she and her husband lived together he never gave her money on a regular basis and would sometimes give $80.00 a fortnight and somet s $100.00 a fortnight. That would mean that he gave between $160.0 $200.00 a month approximately for the whole It appears to me that in these circumstances it lict a Dunlshment to order him to pay for t chi $4 0.0 a month. In making financial provisions for a party to the age or children of the family the Court has a duty to have to t matters contained Section 25 of the Act. One matter is the income, earning capacity, and other financial resources which each the parties to or is likely to have in the foreseeable Another is standard of living enjoyed by the family before of the marriage. Al the evidence before the Court is that the Re is a t sman who has no fixed income. order is that the Respondent pay to the Petit t sum $80.00 per month in respect of each of the until ld attains the required age. PROPERTY There is one bit of property consisting of bare land in of the Part s has a one-third interest. The Petit t a deed of sale in respect of that portion of land measuring 5,405 feet and owned by the following: (a) Anderson Herman; (b) Christopher Victor; and (c) Meredith Victor. Petitioner stated that it was her uncle, Anderson Herman, who gave the deposit to pay for the land but that all the further alments were met by her without any cont ion from husband. asked that s one-thi rest trans to ldren. I lieve the Petitioner's account of the transaction re t purchase of the land and in view of the 1 amount of maintenance that the Respondent gives or is like to to t ldren I grant the application sought My full order therefore is -

1.I grant custody of the two girl children of to Petitioner with access to the Re t to the daytime.

2.The Respondent is ordered to pay to the Petit t maintenance of the two children $80.00 per re each child commencing February 29, 1996 and at end of each calendar month until each chi atta required age.

3.The Respondent is ordered to transfer his one- rd erest the property comprising 5,405 square situate at Monler ln the Quarter of Gros Islet to the two of t within 30 days failing ch the Registrar is ted to effect the said transfer. The Respondent is to pay the Petitioner's costs sum

4.$250.00.

A.N.J. MATTHEW

Puisne Judge

SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. D57 of 1994 BETWEEN: MEREDITH VICTOR v. CHRISTOPHER VICTOR Mr. M. Gordon for Petitioner Respondent served. Did not appear. Taken Ex Parte 1996: January 24; February 9. JUDGMENT MATTHEW J. (In Chambers) . Petit Re Petitioner is 36 years old and the Re is one They were married at the Seventh Day Adventist 12, 1981. There are two children of the fami name Khrishna born on January 21, 1983j and Krystal born on October I, 1987. On April 12, 1995 the Petitioner obtained a decree nisi on the ground that the marriage had broken down irret to the fact that the Respondent had committed adultery Veronica Denis and the Petitioner found it intolerable to live on At the hearing the Respondent was not present and was not represented by Counsel. On November 8, 1995 the Petitioner filed a notice of applicat for ancillary relief seeking the following: (a) custody of the children with access to the Respondentj (b) maintenancej (c) property orderj and d) costs. On the same day she filed an affidavit of means spent $1,600 out of her monthly salary as a teacher amount to $1,717.00 after deduction of income tax. Respondent was served with the notice on 23, 1995 how did not appear at the hearing. Only the Pet gave dence at the hearing. In answer to t Court the Petit stated that the Respondent is a wel r, upholster j has no fixed income. I shall proceed to deal with the Petitioner’s applicat reference to the notes of evidence as appropriate. CUSTODY AND ACCESS children are girls aged 13 and 8. They live with ir r takes care of them. They go to school and the mother is also a teacher. I grant custody of the children to the Petit reasonable access to the Respondent. Petitioner stated in respect of access that it d restricted to the daytime since the Respondent has no stable re ationship and she would not like the Respondent to have the ldren overnight as she feared he could leave them on ir own. I agree that this should be so for the time being and that access d be restricted to the daytime. MAINTENANCE Petitioner asked that an order should be made for Respondent to pay her for the maintenance of the children $50.00 week per child because that is what the law says. Neither nor her Counsel pointed out that particular law to me. In answer to me the Petitioner stated that when she and her husband lived together he never gave her money on a regular basis and would sometimes give $80.00 a fortnight and somet s $100.00 a fortnight. That would mean that he gave between $160.0 $200.00 a month approximately for the whole It appears to me that in these circumstances it a Dunlshment to order him to pay for t chi month. lict $4 0.0 a In making financial provisions for a party to the age or children of the family the Court has a duty to have to t matters contained Section 25 of the Act. One matter is the income, earning capacity, and other financial resources which each the parties to or is likely to have in the foreseeable Another is standard of living enjoyed by the family before of the marriage. Al the evidence before the Court is that the Re is a t sman who has no fixed income. order is that the Respondent pay to the Petit t sum $80.00 per month in respect of each of the until ld attains the required age. PROPERTY There is one bit of property consisting of bare land in of the Part s has a one-third interest. The Petit t a deed of sale in respect of that portion of land measuring 5,405 feet and owned by the following: (a) Anderson Herman; (b) Christopher Victor; and (c) Meredith Victor. Petitioner stated that it was her uncle, Anderson Herman, who gave the deposit to pay for the land but that all the further alments were met by her without any cont ion from husband. asked that s one-thi rest trans to ldren. I lieve the Petitioner’s account of the transaction re t purchase of the land and in view of the 1 amount of maintenance that the Respondent gives or is like to to t ldren I grant the application sought My full order therefore is –

1.I grant custody of the two girl children of to Petitioner with access to the Re 1 t to the daytime.

2.The Respondent is ordered to pay to the Petit t

4.maintenance of The two children $80.00 per re each child commencing February 29, 1996 and at end of each calendar month until each chi atta required age. The Respondent is ordered to transfer his one- rd erest the property comprising 5,405 square situate at Monler ln the Quarter of Gros Islet to the two of t within 30 days failing ch the Registrar is ted to effect the said transfer. The Respondent is to pay the Petitioner’s costs $250.00. A.N.J. MATTHEW Puisne Judge sum