Luk Chan Lai Wah v Luk Chi Man And Another

Judgment Date07 April 1973
Year1973
Judgement NumberFCMC457/1972
Subject MatterMatrimonial Causes
CourtFamily Court (Hong Kong)
FCMC000457/1972 LUK CHAN LAI WAH v. LUK CHI MAN AND ANOTHER

FCMC000457/1972

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

DIVORCE JURISDICTION

ACTION NO. 457 OF 1972

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BETWEEN
LUK CHAN LAI WAH Petitioner
and
LUK CHI MAN 1st Respondent
and
LILY WONG 2nd Respondent

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Coram: Mr. Registrar Jones in Chambers.

Date of Judgment: 7th April, 1973.

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DECISION

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1. This is an application by the petitioner for maintenance pending suit and for periodical payments for the child of the family.

2. The parties were married on the 23rd December 1961 and separated in March 1972. There is one child of the family Luk Po Chau aged 10.

3. A petition for divorce was filed on the 16th November 1972 alleging two grounds viz. adultery under section 11A(1)(a) and behaviour under section 11A(1)(b) of the Matrimonial Causes (Amendment) (No.2) Ordinance 1972. The 1st respondent has filed a notice of intention to defend the proceedings but todate no answer has been filed.

4. The 1st respondent was originally represented by solicitors but at the outset of this application filed a notice of change to act in person.

5. An affirmation of means was filed on behalf of the petitioner but no affidavit had been filed by the 1st respondent. However, the 1st respondent gave evidence on oath stating that he is at present employed in the sales department of a shipping company, Mesageries Maritimes as a canvasser earning $1,450 per month. Apart from double pay that he receives at Chinese New Year he does not receive any commission, bonuses or payments for overtime. In addition the 1st respondent receives rent of $250 per month in respect of a flat which he owns in Tai Kok Tsui. Accordingly his total income per month amounts to $1,820. The 1st respondent has two bank accounts where there is at present a total credit balance of just over $2,000. He has one thousand shares in Success Holdings, valued at $5.50 per share but has no savings bank accounts or fixed deposits. The 1st respondent owns a flat in Star Court which he purchased in 1966 for $70,000 of which sum he paid a deposit of about $25,000 - $26,000, the balance being raised by mortgage. The 1st respondent said that $39,000 is outstanding in respect of the mortgage and estimates that the present value of the flat is between $100,000 to $200,000. The flat is let at a rent of $1,800 per month but the agreement is with the 1st respondent's father and not with the 1st respondent. From the sum of $1,800 received by the 1st respondent's father a monthly sum of $898.80 is deducted for the mortgage repayment. The flat in Tai Kok Tsui was purchased about 10 to 11 years ago for $15,000.00 but the 1st respondent says that the present price of the flat would be very low for reasons that were not convincing. The 1st respondent said that he owns no other properties but in cross examination admitted that he was at one time the owner of a flat in Austin Mansion, Kowloon which was sold in 1964 or 1965. He said that he also purchased a property in Coral Court in December...

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