Z v Z

CourtSupreme Court
JudgeBain, J.
Judgment Date08 July 2010
Date08 July 2010
Docket Number748 of 2008

Supreme Court

Bain, J.

748 of 2008


Mrs. Stephanie Wells for the petitioner.

Mrs. Melissa Hall and Ms. Samantha Meadows for the respondent.

Family law - Divorce — Application for divorce on the ground of cruelty — Petitioner husband claimed he and the respondent wife lived separate and apart for 17 years — Petitioner suffered from stress and high blood pressure leading to loss of job — Decree nisi granted on the ground of cruelty — No minor children.

Bain, J.

(1) The parties were married on 20 July 1988 at Bethel Baptist Church by Rev. Matthias E. Munroe. There are two children of the marriage, female D D Z born 6 August 1987, and male D I Z born 21 May 1989. Both children are now sui generis.


(2) The petitioner filed a Petition in the Supreme Court on 3 December 2008 praying for dissolution of the marriage on the ground that since the celebration of the marriage the respondent has treated the petitioner with cruelty.


(3) The respondent filed an Answer to the Petition praying for the Petition to be dismissed. There was no Cross Petition.


(4) There was an earlier Petition for divorce in 2008 FAM/Div/190 on the application of the petitioner on the ground that the respondent had lived separate and apart from the petitioner for a continuous period of at least five years immediately preceding the presentation of this Petition. The Petition was dismissed by Hepburn, J.


(5) The petitioner and the respondent gave sworn evidence and the respondent called one witness, the son of the petitioner and the respondent.


(6) The petitioner in his evidence alleged that for the past seventeen (17) years he and his wife, the respondent, shared a roof but did not live together as man and wife. The respondent did not do anything for the petitioner. She did not wash, cook or clean for him and the petitioner and the respondent lived in separate bedrooms in the matrimonial home. The petitioner stated that he washed for himself and when he cooked, which was usually on Sunday, he cooked for the family, the respondent and the children of the marriage. There have been no sexual relations between the petitioner and respondent for seventeen (17) years. The respondent lived a life separate and apart from the petitioner.


(7) In his evidence the petitioner stated that the respondent would go out at night and return in the early hours of the morning. If he asked her where she was she gave insulting answers and told him that she is going where she wants to go and he is free to go where he wanted to go.


(8) The petitioner alleged that when the respondent was at home the respondent would play loud music in the house thus preventing the petitioner from sleeping.


(9) When the parties first married they were living in an apartment — at that stage the respondent stopped sleeping in the bed with the petitioner. The parties moved into the matrimonial house in 1998. When they moved into the new house the respondent moved the two children into the master bedroom and herself into another bedroom. As a result the petitioner occupied the other bedroom.


(10) Additionally the petitioner complained that the respondent pinned notes all over the house. These notes contained messages like “God will deal with you”, You are no good”, and You are worthless”. These notes would be posted on the bedroom door and whenever the petitioner removed the notes the respondent would put them up again. After a while the petitioner stopped removing the notes and therefore there were notes all over the house.


(11) The lack of sleep and tension in the house affected the petitioner. The petitioner had to seek medical attention for high blood pressure. Additionally the petitioner was affected in his job as Restaurant Manager at Lyford Cay Club and was fired because he was always late for which he blamed his inability to sleep and when at work he slept instead of working.


(12) After the first Petition was dismissed the petitioner alleged that the situation at home got worse. The music continued to be played loudly and more notes were posted...

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