Peter v Nane [2008] PGDC 26; DC706 (28 April 2008)

DC706

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS FAMILY JURISDICTION]

FC 127 OF 2005

BETWEEN:

NANCY PETER
Complainant

AND:

PETER NANE
Defendant

Port Moresby: Ms. Nerrie Eliakim
2008, 28th April

REASON FOR DECISION

1. The Complainant has filed an application for variation of the Maintenance Order of 12th July, 2005.

2. The maintenance order which was amended on 25th April, 2006, is for a fortnightly maintenance of K40.00 per fortnight for the child, Selinta Nane.

Both parties were given the opportunity to make submissions on the Complainant’s application on 25th April, 2008.

COMPLAINANT’S APPLICATION

3. In support of her application, the Complainant filed a sworn affidavit on 10th April, 2008. She deposes that due to the high cost of living here in Port Moresby, the K40.00 allowance she is getting from the defendant is insufficient to cater for her six (6) year old daughter. Also, the child will be starting elementary school; next year, she is asking for K150.00 a week.

4. In her submission, she stated that she is no longer in any relationship and that she is now living alone with her daughter in a rented place. Further, she also does some marketing to assist with their daily needs.

DEFENDANT’S RESPONSE

5. He has filed a sworn affidavit on 23rd April, 2008. He deposes that understanding the Complainant’s situation and that she had allowed her ex – husband to take their two (2) year old son with him when he left her, the Defendant also thought that it was best for him to take the child, Selinta and have care and control over her. He says he proposed to this at the Waigani Police Station but the Complainant refused. He also stated that he has six (6) other children from his previous marriage who are now with his relative sin his village and whom he continues to maintain.

RULING

6. In relation to his seeking custody, I informed parties that this Court does not have the jurisdiction and or power to deal with custody issue alone. We can only deal with custody under the Child Welfare Act or Deserted Wives and Children’s Act, when maintenance has been determined.

7. Hence, if he is genuine about taking custody of the child, then he will need to seek appropriate orders from the National Court.

In relation to the educational expenses, the Court has already made orders for the defendant to pay for educational expenses when they fall due.

8. Considering the evidence before the Court, the Court would strongly suggest that the Complainant think very seriously of leave Port Moresby and going back to the village if she insists on having day to day custody of the child, as she has always been unemployed.

9. The Court in taking into consideration the current economic inflation in the country today, is satisfied that the K40.00 allowance is insufficient but on the other hand thinks K150.00 is excessive under the circumstances hence. The Court now increases the fortnightly maintenance of the child, Selinta Nane from K40.00 to K80.00 per fortnight.

Complainant: In Person
Defendant: In Person