Browne v Browne et Al

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Husbands, J.
• Judgment Date: 27 April 1982
• Neutral Citation: BB 1982 HC 26
• Docket Number: No. 34D of 1980
• Date: 27 April 1982

High Court

Husbands, J.

No. 34D of 1980

Browne

and

Browne et al

Mr. C.A. Phillips, Q.C., and Mrs. M. Boyce for the petitioner.

Mr. J.A. Connell and Mr. S. Husbands for the respondent

Mr. G.E.T. Brancker for the Co-Respondent

Family law - Husband and wife — Divorce

DECISION

Husbands, J.

1 Before the ever watchful eye of West's Centurion at the altar of St. George's historic Parish Church, the parties were married on the 15th day of October, 1960. Neither these circumstances nor their solemn vows were enough to sustain the marriage. Five children of the marriage were born, 3 of whom are now under 18 years of age.

2 On 31st January, 1980 the Petitioner, Cecily — a professional cosmetologist — filed her petition for divorce alleging that the respondent had treated her with cruelty during the celebration of the marriage.

3 In his Answer filed on 3rd April 1980 the respondent Calvin denies the allegations of cruelty and cross-petitions that since the celebration of the marriage the Petitioner has frequently committed adultery with one Malcolm Mapp of Prior Park in the parish of St. James.

4 In support of her Petition Cecily testifies that Calvin was short of temper and foul of tongue. She recounts a number of occasions between 1962 and 1979 on which either he physically assaulted her or threatened to do her harm.

5 Some of the assaults took place when she was pregnant. Not surprisingly, if what she says is true, her health, was adversely affected by this treatment. She became nervous and tense and was forced to seek medical and psychiatric attention at various times.

6 Cecily's only witness was her 75 year old mother. Poor mothers: Because they are usually the first refuge in times of trouble they are always called upon to testify about the bad times. Seldom are they asked to speak about the good times. The old lady said that in 1963, when the couple's second child was some 3 months old, Cecily came to her home with a swollen face and remained overnight. The following day Calvin came and apologised for his behaviour. She then advised Cecily to return to the matrimonial home. After the birth of the last child in 1974, Cecily spent some 10 months with her. Calvin used to visit and one night she had to stop them fighting in the yard.

7 Cecily denies the allegation of adultery contained in Calvin's cross-petition. She says that the Co-respondent is known to her and has visited her socially on occasion by day and night. On the night of the 16th March, 1979 the

8 Co-respondent was at her hairdressing salon on business. His purpose was to have his scalp massaged and his hair Shampooed. He was the last client she attended to and just as they were preparing to leave Calvin brake into the salon grabbed her and beat her. She escaped and ran away. Cecily denies that there was ever anything improper or adulterous about her relationship with the Co-respondent.

9 Calvin in his turn stoutly refutes the allegations made that he has treated Cecily with cruelty during the marriage. He admits that on a number of occasions the...