Mcclean v Mcclean

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, J.
• Judgment Date: 27 July 1982
• Neutral Citation: BB 1982 HC 46
• Docket Number: No. 131 of 1982
• Date: 27 July 1982

High Court

Williams, J.

No. 131 of 1982

McClean

and

McClean

Miss S. Osborne for the Wife.

Mr., D.K. Rawlins for the Husband.

Family law - Husband and wife — Matrimonial property

Family law - Statutory interpretation — Barbados Family Law Act

Williams, J.

1 Joyce and Vincent McClean were married on December 8, 1949. They were divorced in 1981, the decree nisi being granted on February 9 and the absolute on May 18. In this application under the Family Law Act 1981–29 the wife seeks declarations that she is entitled to half share in the former matrimonial home at Stanmore Terrace, Black Rock, the furniture therein and the car M. 2927. Alternatively she seeks an order under section 57 of the Act for a settle and/or alteration of the interests of the parties in this property. Additionally she seeks injunctions to restrain the husband from interfering with her quiet enjoyment of the former matrimonial home and from bringing women into the said home.

2 Counsel for the husband asks that the application be dismissed. He submits that the applicant should have got the leave of the court before bringing these proceedings and, this not having been done the proceedings are not properly before the court. He relies on subsection (3) of section 23 which provides as follows:–'

“(3) Where a decree nisi of dissolution of marriage or a decree of nullity of marriage has been made, proceedings within paragraph (d) (i) or paragraph (e) of the definition of “matrimonial cause” (not being proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings in respect of the maintenance of a party shall not be instituted after the expiration of 12 months after the date of the making of the decree or the day of the coming into force of this Act, whichever is the later, except by leave of the court in which the proceedings are to be instituted.”

3 Proceedings within paragraph (d) (i) of the definition of “matrimonial cause” are proceedings between the parties to a marriage in respect of the maintenance of one of the parties to a marriage; and proceedings within paragraph (e) are proceedings between the parties to a marriage in respect of the property of the parties or either of them being proceedings in relation to concurrent pending or completed proceedings for principal relief between the parties.

4 Proceedings far principal relief are proceedings between the parties to...