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Sharma v Kumari [2002] FJHC 34; Hba0025.1998 (23 January 2002)

IN THE HIGH COURT OF FIJI
(AT SUVA)

CIVIL APPEAL NO. HBA 25 OF 1998
(SUVA DOMESTIC COURT MATRIMONIAL CAUSE NO. 504/87)

Between:

SAMBHU LAL SHARMA
Appellant

and

CHANDRA KUMARI
Respondent

Appellant in Person
D. Prasad for the Respondent

MINUTE

Scott J:

I wish to know:

(1) When the original order for maintenance for the children of the marriage was made and by whom.
(2) Whether there was an appeal against the order for maintenance and if so what was the outcome.
(3) Whether there are any grounds at all for disputing the fact that there are arrears of maintenance owed by the Respondent under that order amounting to $7,000.

Once these questions have been answered it would be possible to decide finally how much is owed and we will then proceed to decide how the arrears shall be paid.

ORDER:

(1) Preparation of the record of proceedings before the Domestic Court to be suspended until further order (see letter from Appellant to the Resident Magistrate dated 26/10/01).

(2) Suva Domestic Court is to afford both the Appellant and Counsel for the Respondent an opportunity to inspect the Magistrates’ Court file at the Suva Domestic Court and to make notes therefrom.

(3) Both parties to file affidavit answering the three questions raised above by midday 29 March 02.

(4) Appellant to file a detailed affidavit of means by midday 29/3/02.

(5) This matter adjourned to 4 April 02 at 9.30 a.m. in chambers for continuation.

A copy of this minute and the orders will be made available to both parties and a copy is also to be sent to the Suva Domestic Court as soon as available.

M.D. Scott
Judge

23 January 02