THE EDITOR, Sir:
IN RESPONSE to the letter: 'What will men think of next?', I am surprised and a little amazed that the writer found such difficulty with the new maintenance bill that will see a male spouse being maintained by a female. I guess my lack of understanding may stem from the fact that I, too, like the parliamentary majority, am male.
It is strange that for many years women have argued for equality and the moment they get it they scream discrimination. Lest, my dear writer forgets, what is good for the gander is good for the goose (pun intended). The truth is that the legislation is well in keeping with modern development in the law and there is no conceivable reason why a woman should be allowed to take a man's money and still keep her own - that is after she has taken the house, the car and the children.
The fact is gone are the days when women could not own property once they became married and had to rely on a man for support or to pledge his credit if he had rejected and evicted her. The courts have been very creative and strident in the use of all the legal and equitable remedies at their disposal from resulting and constructive trust to proprietary estoppel. Be that as it may, the legislation has a built-in safeguard that the parties' ability to pay will first be taken into consideration.
LONG OVERDUE
I am mindful, too, that women will indeed be treated as equals to men, a move that is long overdue. Lest it be forgotten, the act says:
"The spouse's contribution to the relationship and the economic consequences of the relationship for the spouse"[1], and "any housekeeping, child care or other domestic service performed by the spouse for the family, as if the spouse were devoting the time spent in performing that service in remunerative employment and were contributing the earnings to the family's support". This will benefit both parties to the union and can in no way be seen as discriminatory. Long live equality of the sexes!
I am, etc.,
HAROLD MALCOLM
bruce_26@hotmail.com
University of the West
Indies, Faculty of Law
Cave Hill, St, Michael
Barbados
Via Go-Jamaica
