Woo Tsang You Soon v. Woo Yen Kai
Read the full judgment text of HCMC 34/1969 on BabelCite. This High Court CFI judgment.
1. This is an application by the Respondent to modify the Maintenance Order made in favour of the Petitioner on the 21st July, 1969, when the Deputy Registrar made an Order for the Respondent to pay to the Petitioner the monthly sum of $650.00 for herself and $250.00 for the child of the family, WOO Hing-kwok.
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HCMC000034/1969 IN THE SUPREME COURT OF HONG KONG DIVORCE JURISDICTION ACTION NO. 34 OF 1969. -----------------
----------------- Coram: B.L. Jones, Assistant Registrar, in Chambers. Date of Judgment: 20th day of May, 1970. -------------------------------------------------------------------- APPLICATION TO MODIFY MAINTENANCE ORDER -------------------------------------------------------------------- 1. This is an application by the Respondent to modify the Maintenance Order made in favour of the Petitioner on the 21st July, 1969, when the Deputy Registrar made an Order for the Respondent to pay to the Petitioner the monthly sum of $650.00 for herself and $250.00 for the child of the family, WOO Hing-kwok. 2. At the hearing of the proceedings when the Order was made, the Respondent said his earnings amounted to $8,200.00 for the 1ast financial year. 3. In his affirmation dated the 27th April, 1970, in support of this application, the Respondent says that his income for the period 1st January, 1969 to 31st December, 1969 was $8,180.55. 4. The grounds of the application are that the Respondent is unable to afford the present figure. Upon the figures in front of me, I agree that the Respondent would not be able to afford the sum of $900.00 per month. However, in order that I may consider whether the Order should be modified, there must be a change in circumstances since the Order was made. There is no evidence before me to this effect and whatever the reasons given by the Deputy Registrar as to why he made the present Order, I cannot vary that Order even if I disagree with the amount that was awarded. 5. Accordingly, the application is dismissed. 6. There will be an Order for the Respondent to pay to the Petitioner her costs to be taxed under the Legal Aid Regulations and there will be a Certificate for Counsel. 7. Dated the 20th day of May, 1970.
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