Supreme Court of Mauritius, 30 janvier 2020, 2020 PL1 7 – Marie Clarel David v. Maneshwaree David

Marie Clarel David v. Maneshwaree David

2020 PL1 7

IN THE DISTRICT COURT OF PORT LOUIS (DIV I) Cause Number: – 185/19 In the matter of: – David Marie Clarel Applicant v. David Maneshwaree Respondent JUDGMENT

This is an application for an order under section 3 (1) of the Protection from Domestic Violence Act 1997. The applicant was represented by counsel and the respondent was not represented by counsel.

It is the case for the applicant that he has been married to the respondent for 16 years and that they have three children together. They have encountered marital conflicts for a long time and that there is a divorce petition before Court. It is the contention of the applicant that on 01 October 2019, after their appearance in court for the divorce petition, the respondent verbally abused the applicant. The incident was reported at the Pope Hennessy Police Station. Furthermore, it is averred that the respondent is violent, insults the applicant and throws things at him.

The respondent deposed under solemn affirmation and denied the version of the applicant. In her cross examination, the respondent admitted there was an incident on 01 October 2019 but denied that she had verbally abused the applicant. However, upon further being questioned by learned counsel for the applicant, the respondent grew vexed, refused to answer any further questions and further in a fit of anger left the court.

I have considered the evidence adduced as well as the demeanour of the respective witnesses and I find that the applicant has proved his case on a balance of probabilities. The applicant

deposed in a clear and straight forward manner and was not material shaken under cross examination. On the other hand, I was not impressed with the version of the respondent who was short tempered and rude in court.

For the above reasons, I grant the applicant a Protection Order under the Protection against Domestic Violence Act for a period of one (1) year.

S Chui [Judgment delivered by S Chui (Mrs) Senior District Magistrate] [Judgment delivered on 30 January 2020]