\tt RT,^"lIN THE SUPREME COURT OF MAURITIUS

(FAMILY DIVISIOM

Ivan HIGGINS,

company director, residing at Riverwalk Avenue, Flic en Flac.

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(H)
PETITIONER

v/s
Marie Priscilla HIGGINS (born CAQUETTE),

baby sister, residing at Casquette Lane,

Palma, Quatre Bornes.

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RESPONDENT
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 the
proof thereof.

3.

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

4'

The Respondent strongly denies paragraph 7 ofthe petition and puts the petitioner
to the proof thereof.
The Respondent avers in or about in or about July 2010, she was severely injured in
an accident, viz, she fall into a hole just in front of her house. She received medical
treatment at Appollo Hospital. The Respondent avers that she has three broken
ribs.
The Respondent avers that the Respondent abandoned her alone with her Dain and
suffering. The Respondent avers that Your Petitioner abandoned her becauie at that
point in time, she could not have sexual relationship with your petitioner. The
Respondent avers that Your Petitioner failed in his " devoirs de secours et
d'assistance " vis-i-vis her.

5.

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

The Respondent avers that Your Petitioner pays only for the school fees oftheir two
minor children.
6.

The Respondent denies paragraph 9 of the divorce petition and puts petitioner to
the proof thereof.
The Respondent avers that at the end of the month ofAugust 2012, Your Petitioner
and she spent a week end at " tre Mauricia Hotel".

7.

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

B.

their daughter is residing with Your Petitioner since fuly 2013,

their son spends every week end with Your Petitioner without the permission of the
Respondent and Your picks up our minor child from school, the Respondent denies
paragraph 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 the

Save and except that

total sum of Rs 21,000/-, the Respondent denies paragraph 12 of the divorce

Petition and puts Your petition to the proofthereof.
10.

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

11.

The Respondent denies paragraphs 14 and 15 of the divorce petition and puts the
Respondent to the proof thereof.
The Respondent avers that in the interest of both children, their custody must be
granted to her. The Respondent avers that Your Petitioner entices the children with
gifts. The Respondent avers that Your Petitioner travels a lot and has no time to
devote to their children. The Respondent avers that she is a baby sister and has
ample time to devote to their children.

t2.

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

13.

Respondent therefore moves that the divorce petition be set aside.

CROSS
1.

- PETITION
The Cross-Petitioner reiterates all her averments made in her Notice of
Obiections.

2.

The Cross-Petitioner avers that Cross Respondent and she lived more or less
happily for about six years after their civil marriage.
From the said marriage, two children were born, namely;

+.

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Marie Gabriella fune Suzette HIGGINS on the 3rd April 2002 at

(iil

Constantia Medi-clinic,
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 the
Respondent did not want her to work The parties returned to Mauritius in
2008 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 on
several occasions, the Cross-Respondent has verbally ill-treated and humiliated
Your Petitioner. The Cross-Respondent is a sexual perven. The Respondent
used 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 CrossRespondent would come home late and drunk and beat her up both in South
Africa and in Mauritius and that she was terrified ofthe Cross-Respondent.
.7

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

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

The Cross-Petitioner further avers that the Cross-Respondent is manipulative

and deceptive; in 2012, he gave a declaration to the Quatre Bornes Police
station to the effect that the Cross-Petitioner had beaten her elder daughter,

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

10.The Cross-Petitioner avers that presently the Respondent is living with his
concubine one Aurelie Pierre, with whom he has a child named Nicolas
HIGGINS who was born on the 1.8th September 2012. The Cross-Respondent
himself averred it in his divorce petition.
11.

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

12. The Cross-Petition avers that she has made all

effort to save her marriage but in

vain.

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

that she has asked the Cross-Respondent on numerous occasions to

provide her with a monthly sum of money for the maintenance of the children,
but the Iatter systematically refused.

14. She avers

l.5.The Cross-Petitioner avers that the Cross-Respondent has been blackmailing

her for the last 6 months, to sign a document to the effect that the eldest
daughter should be under his custody, failing which he will not give her any
funds for the younger child. The Cross-Petitioner has systematically refused to
sign this document and as a result, she has been without a cent from the
Respondent for the upkeep and maintenance ofthe two children.
living at Atlantic Beach
Golf Estate in Cape Town (a securiry garcd golf residence), where the Table
mountain and Robben Island could be seen. It was a luxury residence.

16. The Cross-Petitioner avers that in South Africa, she was

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 at

Woolworth.

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

Amount

Food
Medical expenses

Rs
Rs
Rs
Rs

Uriliry bills
Clothes / shoes
Books /toys/ educational games
Miscellaneous (imprevus)

Entertainment
TOTAL

15,000/5,000/2,000/10,000/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, he

is a business man and his business is in South Africa. Your Petitioner avers that
Respondent travels to South Africa and to the United States of America on a
regular basis.
19.

The Cross-Petitioner avers that she loves her children dearly and has does
everything 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 and
wishes to continue to raise them here in Mauritius.

20. The Cross-Petitioner

further avers that she currently Iives with her parents and
will have full support from her parents and her relatives should this Court
grant her the custody of her children. The Cross-petitioner further avers that
her parents have also been helping her financially to provide for her youngest
son Ryan since she has come to live with them in 2012.

21. The Cross-Petitioner

further avers that the children cannot live with the CrossRespondent in as much as his business often takes him abroad and he cannot
attend to the children on a regular basis whereas both children are still a very
young ages and require a constant attention which your petitioner is more than
willing and able to give. Your Petitioner further avers that the Respondent is
often 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 high
standard of living and are accustomed to a certain lifestyle which the CrossRespondent is obligated to uphold.

23. The Cross-Petitioner avers that the Cross-Respondent is paying

fees for both children in the sum ofabout Rs 2t,000/-.

for the school

24. The Cross-Petitioner avers that the Cross-Respondent is a man of means who
can contribute the sum of Rs 50,000/- towards the maintenance and upkeep of

the minor child and herself easilv.

25. The cross-Petitioner avers that she now works as a babysister and she has a
monthly revenue of about Rs 3,000 /-, which is wholly insufficient to take care

of the children financially and avers that she is struggling to make ends meet
for her minor son Ryan.

The cross-Petitioner avers that in 201,r she has a course of computing

/lnformation Technolory, in order to better her chances to obtain an
employment so she can provide for her children. However, the Cross_
Petitioner had to give up the course for lack of funds. The cross-petitioner
avers that she intends to enroll on another course and to work to support her

26.

children and herself in the near future.

27.

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

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

(D
[ii)
tiiil
(iv)

a provisional decree of

of

divorce'A vincuro Matrimonii'on the ground

the
Respondent's "/oufe";
an order granting her the custody ofthe two minor childrery
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;
The payment of the 'fars d'instance,' in the sum of Rs 46,000/- (Rs 40,000
plus Value Added Tax).

LIST OF WITNESSFS:
The following is a list of witnesses whom the Petitioner intends to call at the hearing of the
above matter, viz.

7, The Petitioner herself,

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

Officer,

The Petitioner reserves the rights to call other witnesses.

Under all legal reserwations

Dated at Port-Mathurin,
n,thj*&c
thjsJds d?y of Decemb er, 2014.

r. h/

OUSE

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