Hirt v. Hirt, (1979) 1 Man.R.(2d) 396 (CA)

• Judge: Monnin, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 03, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 396 (CA)

Hirt v. Hirt (1979), 1 Man.R.(2d) 396 (CA)

MLB headnote and full text

Hirt v. Hirt

Indexed As: Hirt v. Hirt

Manitoba Court of Appeal

Monnin, Matas and Huband, JJ.A.

October 3, 1979.

Summary:

This case arose out of a wife's application under the Family Maintenance Act, C.C.S.M., c. F-20, for support from her husband for herself and her child. The wife was sixteen years old, when she was married and had an illegitimate child by another man, who never supported the child. The husband and wife separated after 1.5 years. The wife brought an application against her husband for support. The provincial court ordered the husband to pay $100.00 a month for maintenance of the child, but nothing for the wife. The husband appealed and the wife cross-appealed.

The Manitoba Court of Appeal allowed both the appeal and the cross-appeal. The Court of Appeal held that the husband was not obligated to support his wife's child under s. 12(2) of the Family Maintenance Act - see paragraphs 1 to 6. The Court of Appeal ordered the husband to pay $50.00 a month for his wife's support - see paragraphs 1 to 7.

Huband, J.A., dissenting in part, was of the opinion that the husband was obligated to support the child under s. 12(2) - see paragraphs 10 to 19.

Family Law - Topic 2346

Maintenance of wives and children - Maintenance of children - Obligation of spouse to support other spouse's children - S. 12(2) of the Family Maintenance Act, C.C.S.M., c. F-20, obligated a spouse to support children of the other spouse - A man married a woman with an illegitimate child by another man, who never supported the child - The couple separated after 1.5 years and the wife applied for maintenance for herself and her child - The Manitoba Court of Appeal held that the husband had no obligation in the circumstances to support his wife's child - See paragraphs 1 to 6.

Family Law - Topic 2484

Maintenance of wives - Awards - Periodic payments - A workman married a sixteen year old girl with an illegitimate child by another man, who never supported the child - The couple separated after 1.5 years - The mother was on welfare and lived with her parents - She was untrained - The Manitoba Court of Appeal ordered the husband to pay support of $50.00 a month to his wife - See paragraphs 1 to 7.

Statutes Noticed:

Family Maintenance Act, C.C.S.M., c. F-20, sect. 4, sect. 5(1), sect. 12(1), sect. 12(2), sect. 13.

Counsel:

H.C. Peters, for the applicant/respondent;

J.L. Radford, for the respondent/appellant.

This case was heard on October 3, 1979, at Winnipeg, Manitoba, before MONNIN, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On October 3, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MONNIN, J.A. - see paragraphs 1 to 9;

HUBAND, J.A., dissenting in part - see paragraphs 10 to 24.

MATAS, J.A., concurred with MONNIN, J.A.