Marshall v Marshall

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Rocheford, J.
• Judgment Date: 27 March 1980
• Neutral Citation: BB 1980 HC 9
• Docket Number: No. 45 of 1978
• Date: 27 March 1980

Supreme Court - High Court

Rocheford, J. (Acting)

No. 45 of 1978

Marshall

and

Marshall

Mr. C.A. Phillips, S.C., for the petitioner.

Mr. C.E. Lashley, attorney-at-law for the respondent.

Family Law - Husband and Wife — Maintenance.

Facts: The petitioner and the respondent were divorced — The respondent in this case was granted a decree nisi on the grounds of the wife's cruelty — The petitioner now applied by virtue of s. 23 of the Matrimonial Causes Act, Cap. 221 for an order of maintenance — Whether the petitioner had forfeited her claim to maintenance.

Held: The conduct of the parties had to be taken into consideration — That the petitioner being responsible for the breaking up of the marriage was not entitled to the sort of maintenance that would be awarded to an innocent wife — Order made that the petitioner was entitled however to a compassionate allowance based on all the evidence — Order made for the respondent to pay the petitioner $94.00 a month.

1 Rocheford, J. (Acting): The parties were married on the 1st September 1966. The marriage broke down and the husband petitioned the Court for dissolution of the marriage on the grounds of cruelty and desertion. The wife denied the allegations of cruelty and desertion and cross-petitioned on the ground of cruelty. The husband denied the wife's allegation of cruelty.

2 The allegations of cruelty were fully ventilated in Court before me and on the 29th November 1978 the wife's cross petition was dismissed and the husband was granted a decree nisi on the grounds of cruelty. The decree was made absolute on the 22nd January 1979.

3 The wife has now made this application for maintenance and the husband states that she has forfeited her claim to maintenance.

4 Section 23(1) of the Matrimonial Causes Act, Chapter 221 of the Laws of Barbados gives...