Joseph Samuel Donaldson v Esmie Victoria Donaldson

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN FAMILY DIVISION

CLAIM NO. F D 136412004

BETWEEN JOSEPH SAMUEL DONALDSON PETITIONER

A N D ESMIE VICTORIA DONALDSON RESPONDENT

Fara Brown for the Petitioner.

Heard: 3rd & 12'~N ovember 2004

Brooks, J.

Mr. Joseph Donaldson is in a hurry to be divorced from his wife. He

has been married for less than two years but has been separated from his

wife, according to him, for approximately seventeen months to date. He filed

a Petition for Divorce in July 2004 and, quite predictably, the Deputy

Registrar requested his attorneys-at-law to withdraw it because it was

premature.

Miss Brown submits that the Deputy Registrar in making the request

has misinterpreted the provisions of Section 8(1) of the Matrimonial Causes

Act. She has applied on Mr. Donaldson's behalf for the court to direct the

Registrar to accept the Petition and to issue a notice to Mrs. Donaldson to

appear to the said Petition.