Sylvester v Sylvester

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 19 March 1973
• Neutral Citation: VG 1973 HC 3
• Docket Number: No. 65 of 1972
• Date: 19 March 1973

High Court

Glasgow, J.

No. 65 of 1972

Sylvester

and

Sylvester

Appearances:-

D. Byron for petitioner

Respondent in person

Family Law - Husband and wife — Divorce — Cruelty,

Facts: The petitioner claimed cruelty on the grounds that he was deceived by the respondent into believing that he was the father of the respondent's daughter. The court found that this was not proven.

Held: Though the petitioner might have had reasonable grounds to believe the child was not his, this could not be used to substantiate his claim. His claim alleged that the child was not his and this is what had to be proved, not the reasonableness of his belief. Petition dismissed.

Glasgow, J.

1 This is a petition by the husband, Kenneth Andrew Dominic Sylvester, praying that his marriage to his wife, Gloria Agnes Sylvester, be dissolved on the ground that the respondent has, since the celebration of the marriage, treated the petitioner with cruelty.

2 The petitioner was lawfully married to the respondent on the 17 ^th November, 1960 at the Roman Catholic Church in St. Georges in the island of Grenada. After their marriage the petitioner and the respondent lived together at River Road, St. George's Grenada, and finally at Road Town, Tortola, where the petitioner is a prison officer. The parties are domiciled in the British Virgin Islands. At the time of their marriage the petitioner was 20 years old and the respondent was 33 years old.

3 In March, 1963 the respondent, who appeared to the petitioner to be pregnant told the petitioner that she wanted to go to Trinidad to have her baby. It was agreed between the petitioner and the respondent that if the respondent gave birth to a girl, she should be named Francine. The respondent went to Trinidad and returned from Trinidad in May of the same year with a female child named Francine and a “birth paper” showing the petitioner and the respondent to be the parents of the said child. In February, 1971 the petitioner went to Trinidad to attend the Carnival celebrations there. In Trinidad the petitioner met one Dennis Vernette, the respondent's brother. Dennis Vernette is married and has children. Vernette told the petitioner something and showed the petitioner his (Vernette's) daughters. The petitioner noticed a striking resemblance between Francine and one of Vernette's daughters. The petitioner left Trinidad and returned to Tortola. Immediately on his arrival he told the respondent that her brother asked how is his (the brother's) daughter Francine. Thereupon the respondent cried and asked the petitioner's forgiveness. The petitioner later left the matrimonial home and went to live at the Police Station.

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