Nurse v Nurse

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, J.
• Judgment Date: 29 June 1979
• Neutral Citation: BB 1979 HC 31
• Docket Number: No. 208 of 1978
• Date: 29 June 1979

High Court

Williams, J.

No. 208 of 1978

No. 428 of 1979

Nurse

and

Nurse

Mr. L. Greenidge for the wife

Mrs. B. Waldrond for the husband.

Family law - Divorce — Maintenance and matrimonial property division

Williams, J.

1 These two applications were set down for hearing together, that in suit 208 being an application in the divorce jurisdiction and that in suit 428 under the Married Women Act, Cap. 219.

2 The husband is not contesting the grant of the custody of the children to the wife neither is he denying the wife's entitlement to a half share in the matrimonial home.

3 The following are the contested matters –

• (1) an application in suit 208 for maintenance for the wife and children;

• (2) an application in suit 208 for an order effecting the husband from the matrimonial home; and

• (3) an application in suit 428 for an order that the husband convey his half interest in the property to the wife.

4 As to (1) I have looked very carefully at the affidavits of the parties and am of the opinion that the offer by the husband of $300 per month for the maintenance and support of the children is in the circumstances reasonable. The question of payment of the monthly mortgage commitment of $230.41 was specifically raised and counsel for the husband stated that the husband would continue to make these payments. Consequently, the order of $150 per month for the maintenance and support of each of the two children is made on this assumption.

5 As to (2) it is perhaps misleading to continue to speak of the property belonging to the husband and wife as the matrimonial home. The wife has obtained a decree nisi of divorce in an uncontested petition though the parties...