Simone Renee Rabaud v Jacques Francois Pierre Rabauld

Judgment Date17 January 1980
Subject MatterMatrimonial Causes
Judgement NumberFCMC1792/1979
CourtFamily Court (Hong Kong)
FCMC001792/1979 SIMONE RENEE RABAUD v. JACQUES FRANCOIS PIERRE RABAULD

FCMC001792/1979

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

DIVORCE JURISDICTION

ACTION NO. 1792 OF 1979

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BETWEEN
SIMONE RENEE RABAUD Petitioner
and
JACQUES FRANCOIS PIERRE RABAULD Respondent

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Coram: Judge Jones in Chambers

Date of Judgment: 17th January, 1980.

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JUDGMENT

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1. This is an application by the wife under Section 17(1)(a) of the Matrimonial Proceedings and Property Ordinance Cap. 192 for an order that the husband be restrained from selling transferring disposing of or in anyway dealing in or with the property Flat H, 6th floor, Grenville House, 1 Magazine Gap Road which is the matrimonial home.

2. The parties who are French nationals were married in Paris on the 7th March 1959. There are two children Philippe aged 18 and Nicole aged 8. The husband also has two children by a previous marriage.

3. On the same day that the present summons was filed a divorce petition was issued by the wife on the grounds that the marriage has broken down irretrievably based upon the facts of behaviour and adultery. In the prayer there are claims for periodical payments, a lump sum and a transfer or settlement of property order.

4. As the parties are not domiciled in Hong Kong jurisdiction is claimed on the basis that the wife has been ordinarily resident in Hong Kong for the statutory period of three years immediately preceding the presentation of the petition or in the alternative has a substantial connexion with Hong Kong. The husband has filed an acknowledgment of service in which he states that he intends to defend the proceedings. No answer has yet been filed.

5. The parties are still living at the matrimonial home with the younger child. The elder child is a student at the University of San Diego California.

6. In 1977 the wife issued a petition for divorce on the same grounds as the present petition. However, an agreement was entered into between the parties on the 23rd December 1977 for the purpose of effecting a reconciliation. As a result the petition was dismissed by consent on the 13th January 1978. Under the agreement the husband made a lump sum payment of US$180,000 and HK$100,000 to the wife.

7. The summons was issued ex parte, but when it came before Judge Liu, Q.C. on the 26th November 1979 he adjourned the application directing that it should be heard inter parties.

8. In support of the application there are three affidavits by the wife, and one by the husband.

9. The wife maintains that the husband has been making plans to emigrate to the United States since August 1978. Correspondence between the husband and friends or business associates in the United States confirms these allegations although it is not clear whether the husband's intention is to go alone or with his family. On the other hand the husband denies these allegations, contending that it was his intention to obtain a "green card" to enable his son Philippe to remain in the United States. The husband states that if he is successful he will make a small business investment in the United States which will not require him to leave Hong Kong.

10. At the end of December 1979 with full knowledge of the summons the husband mortgaged the matrimonial home to the Banque Nationale De Paris to secure banking...

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