Asha Harkishin Premsingh v. Harkishin Isarsingh Premsingh Kishinani

HCMP003436A/2000

HCMP3436/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO.3436 OF 2000

(On Appeal from FCMC No.10800 of 1999)

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Coram: Hon Woo JA and Burrell J in Court

Date of hearing: 15 November 2000

Date of judgment: 15 November 2000

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J U D G M E N T

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Woo JA (giving the judgment of the Court) :

1. This is an application by the husband to seek extension of time for payment of arrears of periodic payments and extension of time for the payment of periodic payments ordered by Deputy District Judge Chainrai. Those were also ordered to be paid into the Family Court by our judgment dated 9 November 2000. There is also included in the application a request to reduce the amount of the arrears and the amount of the monthly periodic payment.

2. Right from the start of this hearing today, we have made known to Ms Panesar, for the husband, that asking us to vary the amount would be asking us to re-exercise our discretion that we had exercised already on 9 November. As there is no basis for any reduction to be made, therefore, we reject that application.

3. As far as the reduction of the arrears of the periodic payments in the sum of $147,000 by an amount of about HK$60,000, being a rough equivalent to 300,000 rupees, is concerned, the basis is that the wife had, in her affirmation before the Judge, and this was taken into account by the Judge, said that she was willing to return that sum to the husband. That sum was in a bank deposit in the joint names of the parties.

4. The other application is for extension of time to make the payment into court regarding the arrears and the monthly periodic payments on the basis that the husband does not have liquid assets in Hong Kong, and his funds are locked up in fixed deposits.

5. We are amenable to these applications.

6. In the circumstances, the order that we made on 9 November will be varied to this extent :

Paragraph 1(b) of the order is varied to read as follows :

(b) The husband shall pay into the Family Court of the HKSAR all the arrears of the periodic payments pending suit in the sum of $21,000 a month for the period from 15 April 2000 to 14 December 2000, totalling $168,000 as reduced by the sum of $60,000, arriving at the sum of $108,000, by 29 November 2000.

Paragraph 1(c) of the order is varied to read :

(c) He shall pay a sum of $21,000 into that Court on or before 15 December 2000 and thereafter pay into that Court such a sum per month on or before the 15th day of each month until the determination of the appeal or until further order.

7. Costs of this application be to the wife in any event. Her costs be taxed in accordance with the Legal Aid Regulations.

Representation:

Ms Frances Margaret Irving, instructed by Messrs Haldanes, for the Petitioner (Respondent)

Ms Mahinder M Panesar, instructed by Messrs B Manek & Co., for the Respondent (Appellant)