Mohammed v Mohammed
| Jurisdiction | Trinidad & Tobago |
| Judge | Permanand, J |
| Judgment Date | 12 October 1983 |
| Neutral Citation | TT 1983 HC 104 |
| Docket Number | 761 of 1981 |
| Court | High Court (Trinidad and Tobago) |
| Date | 12 October 1983 |
High Court
Permanand, J.
761 of 1981
Mrs. R. Van Lare for the petitioner/wife.
Mr. K. Sagar for the respondent/husband.
Family law - Divorce proceedings — Matrimonial property distribution — Application by petitioner wife for periodical payments order and transfer of property order — Matrimonial Proceedings and Property Act, Cap 45:51, ss. 24,26,27 — Court ordered that matrimonial home be transferred to petitioner wife and that the costs of effecting transfer and costs of hearing be paid by respondent husband.
The parties in this matter were married on September 12, 1951. There are six children of the family now all over the age of 18.
On June 4, 1982 a decree nisi was granted on the wife's petition on the ground that the marriage has broken down irretrievably by reason of the fact that the parties have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
The petitioner by notice filed on June 21, 1982 and as amended on March 29, 1983 sought the following reliefs:–
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(a) A Periodical Payments Order;
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(b) A settlement or transfer of property order that the respondent do transfer all his share and or interest in the parcel of land known as lot No.353 at Sukeram Village in the Town of Sangre Grande comprising five thousand two hundred and sixty superficial feet referred in this matter as the matrimonial home and
That the respondent do transfer a one half share or interest in four parcels of land situate in the Ward of Turure namely:–
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(a) one rood and one perch; eighteen perches;
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(b) fifty-four acres, two roods and sixteen perches;
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(c) ninety-nine acres, three roods and ten perches;
referred in this matter as the ‘Brigand Hill Estate’.
The facts are contained in affidavits which were filed following persons
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(1) The respondent dated 30th March 1982,
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(2) Radha Chadee dated 17th May, 1982.
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(3) The petitioner dated 21st July, 1982 and 5th November, 1982,
and also the cross-examination of the respective deponents.
The evidence is that after the marriage the parties lived rent free and cohabited at El Carlo Estates Guaico Tamana where the respondent was employed as an overseer.
The wife deposed that both her husband and herself planted crops and that she assisted her husband cutlassing and reaping of the said crops; the major part of the crops were sold and the remaining portion utilized for household purposes. The wife also stated that she reared 400–500 chickens, 3 goats, and 4 cows and sold chickens, eggs and milk.
She also deposed that after their marriage her husband purchased a parcel of land at Brasso Caparo which he sold subsequently for $5,000.00. He also purchased a parcel of land in Sangre Grande in 1960 and in 1962 erected a dwelling house. She gave him the sum of $10,000.00 towards the construction of the said house. The $10,000.00 she alleged was given to her as a gift by her father after her marriage and which she had kept hidden in her house for several years.
She further deposed that her husband purchased a parcel of land at Salybia in 1963 for $700.00 from their joint savings; also the husband obtained a lease of 9 acres of land at San Raphael and in 1970 her husband purchased the parcel of land in the Ward of Turure known as ‘Brigand Hill Estate’ in equal shares with his brother Joseph Bashay for the sum of $31,000.00. The wife testified that her husband lived with her until he left the estate in September, 1971 when he moved to Brigand Hill.
The respondent on the other hand, denied that his wife planted crops or reared chickens and animals, moreso he stated that apart from her several pregnancies, she was incapacitated with a sore on her left foot and further there were specific prohibitions by the owners of the estate with respect to keeping of livestock on the estate because of damage done to the crops.
The husband deposed that the parcel of land at Brasso Caparo was acquired before his marriage and sold for $8,500.00 and from the interest received on this money, he bought the land at Sangre Grande. He stated that he constructed a house thereon at a cost of $6,000,00 – $4,000.00 came from his savings and he borrowed $2,000.00 from his employers, interest free. Under cross-examination however, he testified that he used $4,000.00 from the $8,500.00 which he had received from the sale of the estate. He denied that his wife gave him $10,000.00, moreso he described his wife's father as a pauper who sometimes worked on the estate.
In so far as the land at Salybia is concerned, the husband deposed that he took $700.00 from his savings to purchase same.
With regard to the estate at Brigand Hill he deposed that this was acquired in 1970 for the sum of $32,000.00
After he left his wife and went to live with one Radha Chadee with whom he has three children.
Counsel for the wife urged the court to:–
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(1) Transfer the matrimonial home to the wife absolutely.
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(2) To grant 1/2 share of the Brigand Hill Estate to the wife or in lieu thereof the wife to be paid the equivalent.
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(3) A lump sum to be paid to the wife from the husband remaining 1/2 share.
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(4) lump sum in the sum of $60,000.00 to be paid in lieu of periodical payments by applying the principle of a “clean break.”
Counsel for the respondent urged the court as follows:–
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(1) To grant a life interest to the wife in the matrimonial home situate at Sangre Grande and stated that the husband is willing to have the remainder upon cessation of the life interest passed to the children borne by the petitioner.
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(2) No periodical payments should be granted having regard to the principle of a clean break.
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(3) No lump sum...
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