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Sharma v Kumari [1998] FJHC 209; Hba0025.1998s (26 November 1998)

IN THE HIGH COURT OF FIJI
(AT SUVA)

CIVIL APPEAL NO. HBA 25/98
(SUVA M/C MATRIMONIAL CAUSE 504/87)

Between:

SAMBHU LAL SHARMA
(f/n Sukh Raj Sharma)
Appellant

and

CHANDRA KUMARI
(d/o Budhu Prasad)
Respondent

Appellant in person
D. Sharma for the Respondent

JUDGMENT

This is an appeal against ancillary orders made by the Suva Magistrates Court (E. Sauvakacolo Esq) on 24 March 1998, the principal of which was an order that the appellant discharge arrears of maintenance amounting to $7,000 at the rate of $1000 per month in "in default 21 days".

The entire record of the proceedings on 24 March is as follows:

"Petitioner: present

Respondent: present

Court:

1. Respondent has an arrears of $7,000 up to date.

2. Respondent to pay $1,000 per month until arrears of $7,000 is paid off with effect from today in default 21 days.

3. By consent from the mother, after payment of $7,000 that would be the final settlement of the maintenance for the 3 children.

4. Respondent to have reasonable access of the 3 children.

Sgd: Resident Magistrate."

As will be apparent from the record no evidence was heard, in particular no evidence of the parties' means was presented, apparently no submissions were made by either party and no reasoned judgment was delivered by the Magistrate.

The proceedings were conducted with a complete disregard for the procedural and evidential requirements both of the Magistrates Court Act and the Matrimonial Causes Act.

The Appeal will be allowed and the matter remitted for hearing before another Resident Magistrate.

This is at least the 3rd time for an appeal has been allowed from the same Court on the grounds of fundamental procedural impropriety. A degree of reasonable compliance with the requirements of the governing statutes and regulations would ensure that it is the last.

M.D. Scott
Judge

26 November 1998.

HBA0025.98S