Dass v Dass
| Jurisdiction | Trinidad & Tobago |
| Judge | Blackman, J. |
| Judgment Date | 06 January 1982 |
| Neutral Citation | TT 1982 HC 1 |
| Docket Number | No. M-617 of 1980 |
| Court | High Court (Trinidad and Tobago) |
| Date | 06 January 1982 |
High Court
Blackman, J.
No. M-617 of 1980
Mr. Bharath for the petitioner.
Mr. Armour and Mr. F. Hosein for the respondent.
Family Law - Maintenance
This is an application by Stella Gyan Dass, the wife of Krishna Dass, for maintenance pending suit for herself, and maintenance for the child of the family, David Shiva Dass. The application is dated 26 th August, 1980 and contains several other ancillary reliefs but by agreement of the parties the applicant pursued the application for maintenance only before me.
The respondent/husband in an affidavit sworn to on 27 th March, 1980 stated inter alia that he was employed with British West India Airways at a salary of $1, 559.00 per month. From that sum are made the deductions for Pension, National Insurance and Income Tax totalling $228.88. He also stated in that affidavit that he owns an estate comprising 40 acres from which he …
because the respondent did not support her and the child of the family she became indebted to the extent of $31, 480.00 presumably between the 24 th of March, 1980, and the date on which she had sworn to the affidavit. She stated that one of the cars belonged to her son Hayden Gyan, that is, PAA-1629; the other she acquired by means of a loan from the Citi-Bank and repays that loan at the rate of $288.00 per month. Both vehicles are, however, registered in her name. She said that a car is necessary for her to take their son to and from school, particularly in the area where they live. Apart from what she says she owns she has no other property or income. She challenged the salary given by the husband and stated that he earned $8,000.00 per month and stated that in any case the respondent would become entitled to $200,000.00 by way of insurance for the loss of his Pilots' licence. It appears that the plaintiff lost his pilots' licence on account of his ill-health. She said that the Estate at Sangre Grande is worth $395,000.00 and had always yielded profits amounting to over $1,500.00 per month.
She swore that the husband also owned 1/4 share in a property at Main Road, Chaguanas comprising two contiguous parcels of land with commercial buildings thereon. She thought that property was worth $1,500,000. She stated that on that property the respondent had carried on the Gift Shop which was worth around $250,000.00.
According to her, the respondent also owns a property at the junction of Rene and Joseph Streets, Chaguanas. She puts the value of her husband's car at $56,000.00, and disputed that he had owed money on the car. She said that he held around $10,000.00 in the Banks at the time he left the Matrimonial Home.
She on the other hand expends about $5,000.00 per month on herself and the family. Their child she says attends the University Staff School, and her monthly expenses come up to $800.00 per month.
She said that her husband's son, Stephen Dass, is between 25–26 years old and is married with a family; he is working and not dependent on the respondent. This is the son for whose education in Canada the husband said he had expended $15,000.00 (CAN). The husband then swore to a lengthy affidavit in reply to that of the wife's and in it he stated that he rented No. 2 Main Road, Chaguanas from his father, Abhegauth Dass, for a sum of $400.00 per month on which was carried on the Golden Triangle. The business was established on 15 th June, 1979 and he produced what appear to be copies of cheque stubs, showing payments to an A.R. Dass. But it should be noticed that these are all for 1980, the earliest period being 14 th March, 1980.
At the Gift Shop the wife was paid a salary of $500.00 per month later increased to $600.00 and she was paid a bonus of $1,000.00. He complained of the lack of interest of the wife in the business and stated that there was a Cross taking of $4,109.11, and total expenses amounted to $2,319.00 and he denied that the profit from the business was $5,000.00 per month.
The respondent indicated that he suffered a heart attack and as shown by a Medical Certificate of Dr. Ling there was a recommendation for treatment in Miami. He denied that his salary as a Pilot was $8,000.00 her month but was in fact $4,440.24 which was later reduced to $1,599.00 per month as from September, 1980. From his salary of $1, 599.00 the following deductions are made: $122.98 in respect of pension; $25.00 in respect of National Insurance and $80.00 in respect of Income Tax.
Loss of Pilots' licence insurance he swore amounts to $74,477.00 and $744.77 is paid to him monthly, the rest remaining as at 14 th October, 1981 would become payable to him. These amounts appear to be in United States dollars. The husband stated that from 1975 to 1980 the estate of 40 acres at Kowlessar Trace made no profit and that its value was $161,011. There is a valuation dated 31 st March, 1980 for that sum. The property at St. Yves Street he values at $100,000.00. He said he received a rent of $500.00 per month for 10, Lower Main Road, from one Bolai who no longer days any rent, because of a dispute.
He deposed that the Flying Course for his son Stephen of a former marriage cost a total of $11, 717.00 (CAN). He left the Matrimonial Home because his wife assaulted him and threw his clothes and other belongings out of the home, into the road. He has since been prevented from entering the Matrimonial Home. She said that his projected treatment in the U.S.A. for his heart condition would cost $5,000.00 (U.S.).
The wife in cross-examination said that she has been living at Rodler Road, the Matrimonial home, for 16 years. She now lives there with their son David Shiva Dass and 4 other children of a previous marriage whose ages range from 26 years to 17 1/2 years. She said that the grocery bill comes up to $500.00 per month for the entire family when the husband lived at the Matrimonial Home. She later changed this sum to between $500.00–$600.00 per month. She later said she spent $500.00 for basic groceries and in addition $900.00 for meats, fish and poultry. That sum has not appreciably decreased after their separation, she contended.
Prior to the separation she said she spent $1,400 on food. She spent $200.00 per month on laundry, and $100.00 per month on current, and so. The total dental bill for Shiva for 1980 was $80.00 and the medical bill for the same period was $160.00. She said the $5,000.00 in her affidavit is in respect of the whole family. She said her medical bill for 1980 was $720.00. She then said in re-examination that she tried to obtain work without success at Y. De Lima, and the Silky Soo.
The husband was cross-examined at length. He said he spent $15,000 (CAN) for the whole of Stephen Dass's Flying Course. But in his affidavit sworn to on 26 th January, 1981 he had said that the total cost of the course was $11,717.00, but said that he had got a letter from the school after he had sworn to his affidavit, presumably in which the fees were increased.
He said he lived at Santa Rosa Heights with a friend who has three children and he occupies one room in the house. The ages of the children range from 18 years to 6 years. He said he sent $600.00 for the months of May, June and July for the support of his son Shiva Dass. He sent nothing for his wife.
He also attested that he owned 1/4 share in the land and buildings of the Golden Triangle, on Main Road, Chaguanas, but said he was not entitled to collect a 1/4 of the income from the property. He said that the proper is subject to a life interest in favour of his father. A deed was exhibit to his affidavit in which the property at Main Road, Chaguanas was conveyed to him for a consideration of $20,000.00 but he said that by another deed the consideration of $20,000.00 was defrayed by his relinquishing his 1/4 share in 2...
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