James, Delma Partick v Ethel Letetia Francis-James

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: Straw, J. (AP)
• Judgment Date: 10 December 0003
• Judgment citation (vLex): [2003] 12 JJC 1001
• Year: 2003
• Docket Number: SUIT NO. F.J. 050 OF 1999
• Date: 2003

IN THE SUPREME COURT JUDICATURE OF JAMAICA

SUIT NO. F.J. 050 OF 1999

BETWEEN

DELMA PARTICK JAMES

PETITIONER

AND

ETHEL LETETIA FRANCIS-JAMES

RESPONDENT

FAMILY LAW - Ancillary relief - Maintenance - Whether court has jurisdiction to grant the order - Matrimonial Causes Act, s. 20((1)

Straw, J. (AP)

1 This is an application for Ancillary Relief by the respondent, Mrs. Ethel James against her husband, Mr. Delma James for an order for maintenance.

2 In the Notice of Application, it is requested that the husband/petitioner pay to the wife/respondent, a lump sum of $1,000,000.00 as maintenance effective from the date of the grant of the decree absolute. There is no request made for further or other relief to be made by the Court. The application is made under section 20 (1) of the Matrimonial Causes Act which reads as follows:

"On any decree for dissolution of marriage the Court may, if it thinks fit, order the husbahd, to the satisfaction of the Court, to secure to the wife such gross sum of money or such annual sum of money for any term not exceeding her own life,..."

3 Section 20 (2) allows the Court to make an order...