DELANEY v. DELANEY

Matrimonial

 

REPUBLIC OF TRINIDAD AND TOBAGO

 

Reynold Waldropt & Associates

Attorneys at Law

Suite 4

No. 9 Prince Street,

Arima

Phone No. 868-664-3478

BAR No. WAR1991034

Email: reynoldwaldropt@yahoo.com

Ronald Dowlath

Attorney at Law

c/o Suite 6

Corner Frederick & Prince Street,

Port of Spain

 

              IN THE HIGH COURT OF JUSTICE

 

No. M437 of 1993

 

      Between

 

       MERLE DELANEY

Petitioner

  AND

 

     NELSON DELANEY

Respondent

 

*****************************************

 

                LET ALL PARTIES concerned or their Attorneys at Law attend before the Honourable Sitting Judge in Chambers at the Hall of Justice, Knox Street, Port of Spain on

the day,                            2012 at 9:00 0’clock in the forenoon on the hearing of an application by the Respondent for an Order that: –

 

  1. That this Application be deemed urgent for hearing at the earliest.
  2. For a Declaration pursuant to section 47 (1) (a) of the Matrimonial Proceedings and

Property Act 45:51 that there are no children of the family to whom section 47 applies.

  1. That the Decree Nisi granted on the 25th July 1994 be made absolute.
  2. Such other order or orders as the Honourable Judge may deem fit.
  3. That there be no order as to costs.

 

 

 

Date this          day of                          2012

 

 

…………………………………

Reynold Waldropt

Attorney at Law

For the Respondent

 

 

 

This Summons was taken out by Reynold Waldropt, Attorney at Law of Suite 4 No. 9 Prince

Street, Arima, for the Respondent whose address for service is c/o Ronald Dowlath Attorney at Law Suite 6 Corner Frederick & Prince Street, Port of Spain.

 

 

Note:   If you do not attend either in person or by your Attorney at Law at the time and place above mentioned such order shall be made and proceedings taken as to the Court may seem just.

 

 

To:      THE REGISTRAR OF THE HIGH COURT OF JUSTICE

            Hall of Justice

            Knox Street,

            Port of Spain

 

 

And To:   MERLE DELANEY

                  Petitioner

                  123 Azalea Circular

                  Duranta Gardens

                  Sangre Grande

 

 

 

 

      Matrimonial

TRINIDAD AND TOBAGO

 

Reynold Waldropt & Associates

Attorneys at Law

Suite4

No. 9 Prince Street,

Arima

Phone No. 868-664-3478

BAR No. WAR1991034

Email: reynoldwaldropt@yahoo.com

Ronald Dowlath

Attorney at Law

c/o Suite 6

Corner Frederick & Prince Street,

Port of Spain

 

 

              IN THE HIGH COURT OF JUSTICE

 

No. M437 of 1993

 

      Between

 

       MERLE DELANEY

Petitioner

  AND

 

   NELSON DELANEY

Respondent

    *****************************************

 

 

 

I NELSON DELANEY, of No. 112 Foster Road, Sangre Grande, Retired Public Servant make oath and state as follows: –

 

  1. I am the Respondent herein and the facts and matters hereinafter deposed to are true and correct and within my personal knowledge save and except where stated to be on information and belief in which case I verily believe the same to be true and correct.
  2. The Petitioner and I were married 25th day of July 1982 and a Decree Nisi dissolving our marriage was granted by the Honourable Mr. Justice Best, on the 25th day of July 1994. A copy of the said Decree Nisi is hereto annexed and marked “N.D.1”
  3. Soon after the Decree Nisi was granted the Petitioner left the jurisdiction and went away to the U.S.A where she has been residing for a number of years. I have made several attempts to contact the Petitioner to have her apply to have the said Decree Nisi pronounced on the 25th July 1994 made absolute, all to no avail.
  4. It has come to my attention that the Petitioner has since returned to this jurisdiction on the 23rd December 2012 and has been residing at her former address at No123 Azalea Circular Duranta Gardens, Sangre Grande. I made contact with her and invited her to apply to have the said Decree Nisi made absolute and she has refused to do so.
  5. I am presently involved in a relationship with a Ms. Kathleen Rodney, who I intend to marry in June 2013. I have been informed, by my Attorney-at-law, that I cannot remarry until the Decree Nisi has been made absolute.
  6. I am of the firm belief that the Petitioner has no intention of applying for the Decree to be made absolute and so I have been advised that I can make the application to have the said Decree made absolute.
  7. There is no child born to either of us during the duration of the said marriage to whom section 47 applies. In fact up to this day neither the Petitioner nor myself have had any child or children born to any of us.
  8. In the circumstances I pray that this Honorable Court shall grant me the reliefs prayed for

in my summons filed herein.

 

Sworn to at                              ]

]

]

]

Before me,

 

 

…………………………………..

Commissioner of Affidavits

 

 

Filed on behalf of the Respondent

NELSON DELANEY

 

 

 

 

Matrimonial

 

REPUBLIC OF TRINIDAD AND TOBAGO

 

Reynold Waldropt & Associates

Attorneys at Law

Suite 4

No. 9 Prince Street,

Arima

Phone No. 868-664-3478

BAR No. WAR1991034

Email: reynoldwaldropt@yahoo.com

Ronald Dowlath

Attorney at Law

c/o Suite 6

Corner Frederick & Prince Street,

Port of Spain

 

              IN THE HIGH COURT OF JUSTICE

 

No. M437 of 1993

 

      Between

 

       MERLE DELANEY

Petitioner

  AND

 

     NELSON DELANEY

Respondent

 

 

“ N.D.1 ”

 

This is the exhibit hereto attached and

marked “N.D.1.” referred to in the prefixed

affidavit of Nelson Delaney sworn

to this          day of December 2012,

Before me,

 

 

 

……………………………………

Commissioner of Affidavits

 

 

 

                       

Matrimonial

TRINIDAD AND TOBAGO

Reynold Waldropt & Associates

Attorneys at Law

Suite4

No. 9 Prince Street,

Arima

Phone No. 868-664-3478

BAR No. WAR1991034

Email: reynoldwaldropt@yahoo.com

Ronald Dowlath

Attorney at Law

c/o Suite 6

Corner Frederick & Prince Street,

Port of Spain

 

              IN THE HIGH COURT OF JUSTICE

No. M437 of 1993

      Between

 

       MERLE DELANEY

Petitioner

  AND

 

   NELSON DELANEY

Respondent

    *****************************************

 

To: MERLE DELANEY OF No123 Azalea Circular, Duranta Gardens, Sangre Grande.

 

TAKE NOTICE that on the        day of                     an application was filed against you by the

Respondent in   High Court of Justice for a declaration pursuant to section 47 of the Matrimonial Proceedings and Property Act Chapter 45:51 and an order that the Decree Nisi granted on the 25th July 1994 be made absolute.

 

If you desire to defend this action, copies of the application and related documents are available from the Respondent’s Attorney at Law Mr. Reynold Waldropt of Suite 4 No. 9 Prince Street, Arima, or you may apply to the Court Office, High Court, Hall of Justice, Knox Street, Port of Spain.

 

TAKE NOTICE that the hearing is fixed for the day of             at 9:00 a.m. in Courtroom POS

at the Hall of Justice, Knox Street, Port of Spain and in DEFAULT of your attendance, the court may make any order it considers appropriate, including the granting of the declaration pursuant to section 47 of the Matrimonial Proceedings and Property Act Chapter 45:51 and an order that the Decree Nisi pronounced on 25th July 1994.be made absolute.

 

Dated this              day of December 2012.

 

 

………………………………..

Assistant Registrar

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