Supreme Court
Decision Information
Abstract: Transcript of oral judgment - Petition for Divorce based on grounds of adultery by husband - Counterpetition based on grounds of cruelty - Court making finding of adultery - Court finding no grounds to support counter-petition - Court finding that child not a "child of the marriage" within meaning of Divorce Act - Petitioner having de facto custody of child throughout proceedings - Court denying respondent access to child - Court finding that existing Order for restitution under Criminal Code not an asset of marriage to be dealt with under Matrimonial Property Ordinance - Court considering whether wife entitled to a share of insurance proceeds paid on destruction by fire of matrimonial home - Court finding that as a result of husband's work on wife's business premises, insurance proceeds to be paid to husband without deduction.
Decision: Petition granted - Cross Petition dismissed
Subjects: Family law
Keywords: Divorce - grounds - adultery - cruelty - evidence
Child of marriage
Matrimonial property - assets - insurance proceeds