John v Mailil [2017] PGDC 54; DC3072 (8 September 2017)

DC3072

PAPUA NEW GUINEA

[IN THE DISTRICT COURT OF JUSTICE

SITTING IN ITS FAMILY COURT JURISDICTION]

FC 36 of 2017

BETWEEN

ANNA JOHN

Complainant

AND

HOSEA MAILIL

Defendant

Goroka, L Sani, Magistrate

2017: September 08

FAMILY LAW: Affiliation Proceedings – Child Maintenance & Custody – Division 6 Sections 106 – 108 of

L.P.A No. 45 of 2015.

Cases Cited
Nil

References
Nil

Counsels

Lawyer for the Complainant, In Person

Lawyer for the Defendant, In Person

September, 08^th 2017.

DECISION

L SANI, Magistrate: The proceeding under this division applies to a child born outside of marriage wedlock. The complainant is the biological mother of the child maintenance under section 109 of LPA of 2009 not knowing that it has been repealed. However, I have amended the law and allowed her to proceed due to circumstances and considering the best interest of the child.

BRIEF FACTS:

2. The parties entered into a defector relationship in 2013. At the time the defendant was employed with Mompi Coffee Export Limited, Goroka, EHP in Papua New Guinea whilst the complainant is with Pagini Brambles in Goroka. In the cause of their relationship the complainant became pregnant and gave birth to child namely Wautol John F/C D.O.B 7/01/2015. The defendant left them after the child turned 6 months old and continued to ignore and neglect adequate means of support so the complainant mother of the said child brought the matter to this court. The said child is two (2) years old at the time of this proceeding.

LAW:

3.Sections 105-108 of LPA Where a child is born out of marriage wedlock, after the birth of a child and it is left without any means of support, the affected person may apply to the District or Family Court for an order for such means and custody upon an Affidavit in writing.

4. Section 107 Confinement Expenses - The Court may make an order at the sum of K 5,000.00 in cash or kind.

5. Section 108 Maintenance Order – Court may order the defendant to pay to the complainant a fortnightly sum in cash or kind.

ISSUES:

6. 1} whether or not the defendant is the father of the said child?
2} whether the defendant has left the child without any means of support?

EVIDENCE:

7. Complainant filed one witnesses’ sworn statement to support her affidavit. Defendant did not file any defense statement. He admittedto the complaint and did not dispute any of the evidence brought by the complainant.

COURT FINDINGS:

8. Upon the defendant’s admission to paternity shows he is the biological father of the said child. He also admitted to having left the child without sufficient means of support.Therefore I find that the defendant is liable to pay maintenance.He is asked by the court to supply proof of his earnings (pay slips).

Antecedents:

9. It is not known as to whether the defendant is married or not and how many children he has with his wife. It is vital information when assessing the financial capacity. The court assumes that he is single. Defendant provided 3 pay slips plus a bank loan application. It is not known when the bank loan will cease and as to how much he received as a Loan. Defendant is employed by the Mompi Coffee Export Limited and earns a Gross Salary of K 1650.16 with a Net pay of K 1001.05 after deductions. However K360.27 repayment is shown on the ANZ-mini-statement dated, 31/8/2017.

Considerations:

10. In considering the quantum of the maintenance the provisions in cash or kind must be in proportion to the child’s age and the defendant’s financial capacity. Both parties are financially sound. The said child turned two (2) years old on the 7^th of January, 2017 this year. In two years’ time she will be 6 years, where she has to be en-rolled into a pre-school. The school fee will cost about K50.00 and K50.00 is for her welfare, the court will award a total of K100.00for her maintenance and upkeep.

COURT ORDER:

1. It is hereby heard, adjudged and ordered that the defendant shall pay K100.00 as child maintenance each fortnight towards the complainant for the child namely, Wautol John Mailil-F/C D.O.B 7/1/2015 for her upkeepand general welfare, and
2. That such payment shall commence on the PPE 22/9/2017 and shall continue every company fortnight until the said child reaches the age of 18 years, dies or when this order is varied by a court of competent jurisdiction, whichever occurs first, and
3. That the custodyof the said child is awardedto the complainant/mother, and the defendant/father is granted his legal access rights to visit/see the child at any time and at any place that is convenient through agreement and arrangements by both parties, and
4. That the defendant shall make such payments to the Goroka, Provincial Treasury (BMS) and receipted to the Clerk of the District Court for the upkeep of the court records, and
5. Finally, the complainant shall keep her own records and follow-up with the Clerk of Court for any enforcements, and
6. That both parties are at Liberty to apply for any variations in future as and when situation warrants.
   

Orders accordingly,

Counsels

Lawyer for the Complainant, In Person

Lawyer for the Defendant, In Person