Darby, Dennis v Joyce Marjorie Darby

IN THE SUPREME COURT OF JUL)ICATURE OF JAMAICA

CLAIM NO. F.D. 1998/D053

BETWEEN DENNIS DARBY PETITIONER

AND JOYCE MARJORIE DARBY RESPONDENT

Ms. Gillian Mullings, instructed by Patrick Ba-iley and Co. for the Petitioner.

Mrs. P. Benka-Coker, instructed by Mi. Carol Vassal1 for the Respondent.

Campbell J.

(1) The parties were married on the iith September 1946, Mr. Darby was then aged

22 years old and Mrs. Darby, 18 years. Almost fifty-two years later the husband

swore a petition dated 29th June 1998, seeking dissolution of the marriage. He

averred in his affidavit in support of his petition, that he had left the matrimonial

home in July 1970 'and have not returned since'. The wife contends that it was in

May 1975. If one accepts the wife's clate, the parties have been living separate and

apart for approximately 32 years. On the husband's account, it is a period of 37

C years.

(2) Decree nisi was granted on the 25th March 1999. The wife opposed the

application for decree absolute, co:ntending that the husband "had not hlly

disclosed a true and accurate inventory of all of his assets." On 2oth March 1999,

she filed a notice of an application for ancillary relief. She asked the court for

orders, (1) that a lump sum payment of $7,000,000.00 be paid to her immediately

and (2) the sum of $35,000.00 per m'mth be paid until her death as maintenance.

The parties are agreed that since leavi-ng the home the husband has made payments

to the wife, which ceased in 1996.

(3) On the 3oth April 2001 the wife wias granted an interim order for $20,000.00

per month. The husband paid the amount of $40,000 and owes an amount in