\tt RT,^"l-

IN THE SUPREME COURT OF MAURITIUS(FAMILY DIVISIOM

Ivan HIGGINS, a company director, residing at Riverwalk Avenue, Flic en Flac.

,r (H)PETITIONER

v/s

Marie Priscilla HIGGINS (born CAQUETTE), a baby sister, residing at Casquette Lane,Palma, Quatre Bornes.

twlRESPONDENT

RESPONDENT'S NOTICE OF OBIECTIONS

1. Respondent admits paragraphs 1, 2 and 3 ofthe divorce petition.

2. Save and except that at the beginning, they live more or less happily in Cape Town,the Respondent denies paragraph 4 ofthe divorce petition and puts Petitioner to theproof thereof.

3. The Respondent denies paragraphs 5 and 6 of the divorce petition and puts thePetitioner to the proof thereof.

4' The Respondent strongly denies paragraph 7 ofthe petition and puts the petitionerto the proof thereof.

The Respondent avers in or about in or about July 2010, she was severely injured inan accident, viz, she fall into a hole just in front of her house. She received medicaltreatment at Appollo Hospital. The Respondent avers that she has three brokenribs.

The Respondent avers that the Respondent abandoned her alone with her Dain andsuffering. The Respondent avers that Your Petitioner abandoned her becauie at thatpoint in time, she could not have sexual relationship with your petitioner. TheRespondent avers that Your Petitioner failed in his " devoirs de secours etd'assistance " vis-i-vis her.

6.

5. Save and except that Your Petitioner travels a lot due to his work commitmenr,Respondent denies paragraph I of the divorce petition and puts your petitioner tothe proof thereof.

The Respondent avers that Your Petitioner pays only for the school fees oftheir twominor children.

The Respondent denies paragraph 9 of the divorce petition and puts petitioner tothe proof thereof.

The Respondent avers that at the end of the month ofAugust 2012, Your Petitionerand she spent a week end at " tre Mauricia Hotel".

7. The Respondent takes note of paragraph 10 of the divorce petition, viz, yourPetitioner has committed adultery.

B. Save and except that their daughter is residing with Your Petitioner since fuly 2013,their son spends every week end with Your Petitioner without the permission of theRespondent and Your picks up our minor child from school, the Respondent deniesparagraph 11 ofthe divorce petition and puts Your Petitioner to the proofthereof.

9. Save and except that Your Petitioners pays the school fees of both children in thetotal sum of Rs 21,000/-, the Respondent denies paragraph 12 of the divorcePetition and puts Your petition to the proofthereof.

Save and except that Respondent is working at a baby sister, the Respondent deniesparagraph 1.3 ofthe divorce petition and puts the Your Petition to the proofthereof.

The Respondent denies paragraphs 14 and 15 of the divorce petition and puts theRespondent to the proof thereof.

The Respondent avers that in the interest of both children, their custody must begranted to her. The Respondent avers that Your Petitioner entices the children withgifts. The Respondent avers that Your Petitioner travels a lot and has no time todevote to their children. The Respondent avers that she is a baby sister and hasample time to devote to their children.

Respondent denies paragraph L6 of the divorce petition and put Your Petitioner tothe proof thereof. Respondent avers that the marriage has in fact broken down dueto the exclusive " faute " ofYour Petitioner.

Respondent therefore moves that the divorce petition be set aside.

10.

11.

t2.

13.

CROSS - PETITION

1.

2.

The Cross-Petitioner reiterates all her averments made in her Notice ofObiections.

The Cross-Petitioner avers that Cross Respondent and she lived more or lesshappily for about six years after their civil marriage.

From the said marriage, two children were born, namely;

(D Marie Gabriella fune Suzette HIGGINS on the 3rd April 2002 atConstantia Medi-clinic,

(iil Ryan Serge lvan HIGGINS on the 20s of July 2007 at Constantia Medi -clinic.

The Cross-Petitioner avers that in South Africa, she was a housewife as theRespondent did not want her to work The parties returned to Mauritius in2008 and was living at her father's place where the Petitioner remained a

housewife until 2013, when she started to work a babv sister.

The Cross-Petitioner avers that the Respondent is violent in nature and that onseveral occasions, the Cross-Respondent has verbally ill-treated and humiliatedYour Petitioner. The Cross-Respondent is a sexual perven. The Respondentused to use an artificial male sex and forced the Cross-Petitioner to use same.The Cross-Petitioner has consistently and persistently refused to do so.

The Cross-Petitioner further avers that on several occasions, the Cross-Respondent would come home late and drunk and beat her up both in SouthAfrica and in Mauritius and that she was terrified ofthe Cross-Respondent.

The Cross-Petitioner further avers that she has never given any statement tothe police against her husband in as much she was terrified of him and of hisreaction if ever she did go to the Police. Further, when the Cross-Petitioner andthe Cross-Respondent were living in Mauritius, she did not wish for him to bedeported because ofthe children as she had already two children with him.

The Cross-Petitioner also avers that the Cross-Respondent was often violenttowards her in front of her elder daughter Gabriella and that she locked herbedroom doors at night so as to prevent the Cross-Respondent from coming inwhen he would come home late and drunk. Despite this, the Cross-Respondentbroke the door handles and entered the bedroom and beat her up.

The Cross-Petitioner further avers that the Cross-Respondent is manipulativeand deceptive; in 2012, he gave a declaration to the Quatre Bornes Policestation to the effect that the Cross-Petitioner had beaten her elder daughter,

.7

+.

o

Gabriella HIGGINS. Both the Police and the Child Development Unit concludedthat it was a false accusation.

10.The Cross-Petitioner avers that presently the Respondent is living with hisconcubine one Aurelie Pierre, with whom he has a child named NicolasHIGGINS who was born on the 1.8th September 2012. The Cross-Respondenthimself averred it in his divorce petition.

11. Your Petitioner avers that since September 2012, she and the Respondent andare living separately.

12. The Cross-Petition avers that she has made all effort to save her marriage but invain.

13.The Cross-Petitioner avers that her daughter is presently living with theRespondent and their minor son Ryan was is still with her. This is becausesince their separation, the Cross-Respondent did not give a cent to the Cross-Petitioner though he knew that she was a baby sister and is earning a meagremonthly income.

14. She avers that she has asked the Cross-Respondent on numerous occasions toprovide her with a monthly sum of money for the maintenance of the children,but the Iatter systematically refused.

l.5.The Cross-Petitioner avers that the Cross-Respondent has been blackmailingher for the last 6 months, to sign a document to the effect that the eldestdaughter should be under his custody, failing which he will not give her anyfunds for the younger child. The Cross-Petitioner has systematically refused tosign this document and as a result, she has been without a cent from theRespondent for the upkeep and maintenance ofthe two children.

16. The Cross-Petitioner avers that in South Africa, she was living at Atlantic Beach

Golf Estate in Cape Town (a securiry garcd golf residence), where the Tablemountain and Robben Island could be seen. It was a luxury residence.

The Cross-Petition avers that she was using a brand new Land Rover as vehicle,her children were doing their shopping at Bay Side shopping center and atWoolworth.

The Cross-Petitioner avers that that she often travels to Mauritius and

whenever she was in Mauritius, the family stays in hotels like Sugar Beach

Hotel, lndian Resorts Hotel, Le Victoria Hotel, Le Mauricia Hotel and so on.

17. Your Petitioner avers that she needs a monthly income in the sum Rs 50,000/-for her children and herself as Darticularized hereunder:

Details

FoodMedical expensesUriliry billsClothes / shoesBooks /toys/ educational gamesMiscellaneous (imprevus)EntertainmentTOTAL

Amount

Rs 15,000/-Rs 5,000/-Rs 2,000/-Rs 10,000/-Rs 5,000/-Rs 5,000/-Rs 10.000/-Rs 50.000

18. The Cross-Petitioner avers that the Cross-Respondent is a man ofmeans, viz, heis a business man and his business is in South Africa. Your Petitioner avers thatRespondent travels to South Africa and to the United States of America on aregular basis.

19. The Cross-Petitioner avers that she loves her children dearly and has doeseverything in her power to give them a good education and a comfortable life.To that effect she has devoted all her time and attention to their upbringing andwishes to continue to raise them here in Mauritius.

20. The Cross-Petitioner further avers that she currently Iives with her parents andwill have full support from her parents and her relatives should this Courtgrant her the custody of her children. The Cross-petitioner further avers thather parents have also been helping her financially to provide for her youngestson Ryan since she has come to live with them in 2012.

21. The Cross-Petitioner further avers that the children cannot live with the Cross-Respondent in as much as his business often takes him abroad and he cannotattend to the children on a regular basis whereas both children are still a veryyoung ages and require a constant attention which your petitioner is more thanwilling and able to give. Your Petitioner further avers that the Respondent isoften absent from the home and very late on a regular basis.

22. The Cross-Petitioner also avers that both children have been raised with a highstandard of living and are accustomed to a certain lifestyle which the Cross-Respondent is obligated to uphold.

23. The Cross-Petitioner avers that the Cross-Respondent is paying for the schoolfees for both children in the sum ofabout Rs 2t,000/-.

24. The Cross-Petitioner avers that the Cross-Respondent is a man of means whocan contribute the sum of Rs 50,000/- towards the maintenance and upkeep ofthe minor child and herself easilv.

25. The cross-Petitioner avers that she now works as a babysister and she has amonthly revenue of about Rs 3,000 /-, which is wholly insufficient to take careof the children financially and avers that she is struggling to make ends meetfor her minor son Ryan.

26. The cross-Petitioner avers that in 201,r she has a course of computing/lnformation Technolory, in order to better her chances to obtain anemployment so she can provide for her children. However, the Cross_Petitioner had to give up the course for lack of funds. The cross-petitioneravers that she intends to enroll on another course and to work to support herchildren and herself in the near future.

27. The Cross-Petitioner avers that for all the reasons indicated in the Dresentpetitiorr conjugal life with tle cross-Respondent is no longer possible,ihat noreconciliation has taken place, that there is no hope for any such reconciliationunder the circumstances, and that the marriage has irretrievably broken downdue to the Respondent's exclusive "/aure,,.

28. Your Petitioner therefore humbly prays from this Honourable Court for:

(D a provisional decree of divorce'A vincuro Matrimonii'on the ground of theRespondent's "/oufe";

[ii) an order granting her the custody ofthe two minor childrerytiiil an order ordering the Respondent to pay to her monthly alimony of Rs

50,000/- for the upkeep and maintenance ofthe minor child and herself;(iv) The payment of the 'fars d'instance,' in the sum of Rs 46,000/- (Rs 40,000plus Value Added Tax).

LIST OF WITNESSFS:

The following is a list of witnesses whom the Petitioner intends to call at the hearing of theabove matter, viz.

7, The Petitioner herself,2. The responsible oficer ol the Air Mauritius Ltd,3, The Responsible officer of the police and Immigration Officer,4, The officer in charge of Le Mauricia Hotel,

The Petitioner reserves the rights to call other witnesses.

Under all legal reserwationsDated at Port-Mathurin, thjsJds d?y of Decemb er, 2014.n,thj*&c

r. h/OUSE

PETITIONER'S ATTORNEY Instructing Me. B.prele as Counsel.