Kalama v Bionda [2008] PGDC 27; DC708 (15 May 2008)

DC708

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

FC 98 OF 2008

BETWEEN:

REDDY KALAMA
Applicant

AND:

STEVEN BIONDA
Respondent

Port Moresby: Ms. Nerrie Eliakim
2008, 15th May

REASON FOR DECISION

1. The Complainant has filed a summons against the Defendant for Maintenance of her son, John Taylor. In support of her application, she has filed and affidavit sworn on 14th March, 2008. The Defendant has sworn and filed two (2) affidavits on 17th April and 06th May, respectively.

2. At hearing of the summons on 08th April, 2008, both the Complainant and the Defendant appeared in person. The Defendant admits to being the biological father of the child, John Taylor.

The evidence before the Court shows that the parties had a defacto relationship, out of which the child, John was born on 27th April, 1994.

3. Since 2001 or 2002, the Complainant and their son have been at all material times been accommodated by the Defendant’s sister and her husband at DOA Plantation. The Defendant who currently works with the National Fisheries Authority, has moved on with a new partner and now has two (2) children to this relationship. He is staying in a rented accommodation of K150.00 a fortnight and has one of the two (2) children also in school. The Court also notes the Defendant’s payslip for the 06th of May, 2008.

4. There is also evidence that the Defendant occasionally provides and not like he has completely stop providing at all since they separated. The Court also notes that there is no specific evidence to what the Defendant ha not provided and what he has provided and also, as to the exact time as to when the Defendant stopped giving money or goods, etc....to the Complainant and the child for what ever purposes. Hence, the Court is reluctant to make any orders as to a backdate which the Complainant seeks.

5. However, it is the Court’s opinion that for the best interest and welfare of the child, there must be regular support provided whether it be financial or physical because a child needs both a father and mother in their life. Hence, the Court has found that the Defendant has deserted the child without any means of support and now makes the following orders:-

1. The Defendant is hereby ordered to pay K150.00 per fortnight being maintenance for the daily up bringing of the child, John Taylor, born on 27th April, 1994.
   
2. This order is to be attached to the Defendant’s salary with the National Fisheries Authority.
   
3. Custody of the child remains with the Complainant with reasonable access to the Defendant.
   
4. The Defendant meet all medical and educational expenses of the child whenever they fall due.
   
5. This order is effective until either:-
   
   • (i) the child dies, or
     
   • (ii) the child reaches the age of sixteen (16) years and is no longer at school, or
     
   • (iii) the order is discharged by a Court of competent jurisdiction, which ever occurs first.
     

Applicant: In Person
Respondent: In Person