Electronically Filed

Attorney: Aleah Khadar

Attorney-at-Law
Bar No: KHA2019218
Aleah Khadar Law Chambers
No. 50 & 50 A Cipero Street
San Fernando
Tel: 1868-499-2881
Email: [email protected]

IN THE REPUBLIC OF TRINIDAD AND TOBAGO

In the High Court of Justice

CV 2024-

IN THE MATTER OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981

AND

IN THE MATTER OF A DECLARATION OF PATERNITY UNDER SECTION 10(1)

OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981
ON THE PART OF

MATHEW JOSEPH
Applicant
--o0o--

FIXED DATE CLAIM FORM

The Applicant, MATHEW JOSEPH of Building 39 B Unit C Lakeview Housing Development

Point Fortin, Trinidad in the Island of Trinidad, in the Republic of Trinidad and Tobago applies
to the Court pursuant to section 10(1) of The Status Of Children’s Act No. 17 of 1981 and/or
under Part 62.2(b)(ii) of the Civil Proceedings Rules 1998 (as amended) and/or under the
inherent jurisdiction of the Court for a declaration that Dezron Joseph, is the son of Mathew
Joseph.
BRIEF DETAILS OF THE CLAIM

1. The Applicant wishes to apply renewal of a Trinidad and Tobago Passport

for Dezron Kyel Joseph who was born on the 31st May 2013(“the child”)
in his capacity as the father of the child.

2. The Applicant is applying to this Honourable Court principally for a

declaration that the Applicant is the father of the child..

THE RELIEF SOUGHT

1. An Order that Mathew Joseph of Building 39 B Unit C Lakeview Housing

Development Point Fortin, Trinidad in the Island of Trinidad, in the
Republic of Trinidad and Tobago, is declared to have been the father of the
child registered as Entry No. 000201 named Dezron Kyel Joseph who
was born on 31st May 2013.

2. An Order that the Registrar of the High Court be directed to forward an

office copy of such or any Order made in this matter to the Registrar
General who shall file same and make any appropriate entries in the
records of the Register of Births and Deaths to reflect that Mathew Joseph,
of Building 39 B Unit C Lakeview Housing Development Point Fortin,
Trinidad, is the father of the child registered as Entry No. 000201 named
Arshram Angelo Ramesar also called named Dezron Kyel Joseph who was
born on 31st May 2013.

3. An Order that there be no order as to costs.

4. Such interlocutory relief that the Court may consider necessary.

5. Such further or other relief as the justice of the case may require.
The grounds upon which the relief is sought are as follows:-

3. The Applicant requires the Court’s intervention to obtain the Trinidad and
Tobago Passport required by the Ministry of National Security,
Immigration Division. The Immigration Division in order for the Child’s
Application for a Trinidad and Tobago Passport to be initiated requires an
Order from the Court naming the Applicant as the Child’s father.

4. At the time of the registration of the child’s birth, the informant of his
birth was Asha Rita Darius mother of the child. At the time of registration
the informant, Asha Rita Darius was not accompanied by the Applicant to
conduct the registration as he was unavailable on the said day due to work
reasons. Therefore, the Applicant’s name was omitted as the father of the
child by the Registration Clerk.

5. Since the child’s birth, the Applicant knew and treated the child as his
biological son and therefore has been parenting and supporting the child
along with Asha Rita Darius (the child’s mother).

6. On or about 10th September 2021, the Applicant attempted to have his

name included in the child’s Birth Certificate and was required by the
Register of Births and Deaths to make a declaration through a Statutory
Declaration that both Mathew Joseph and Asha Rita Darius are the
biological parents of the child. The Statutory Declaration was sworn to
before Pal E. Lara Commissioner of Affidavits on 10th September 2021
and produced to the Register of Births and Deaths. The said Statutory
declaration was accepted and the Applicant’s name was included on the
child’s Birth Certificate.

7. On or about 01st October 2024 the Applicant and the Child’s mother Asha
Rita Darius, visited the Immigration Division Office (Passport Office) to
renew the child’s Trinidad and tobago Passport and was told that since the
 Applicant required an Order from the Court to confirm the inclusion of his
name of the child’s Birth Certificate.

6. The Applicant now wishes to properly rectify the non-inclusion of the

Applicant’s name in the child’s Birth Certificate as his biological father by
the proper means of a Court Order.

7. The Applicant now requires the Court’s intervention to correct the error
on his Birth Certificate.

NOTICE

The first hearing of this claim will take place at the High Court of Justice, San Fernando on
day of 2024 at a.m./p.m. before the Honourable
in Court Room SF

CERTIFICATE OF TRUTH

I believe that the contents of this claim form are true and that the Applicant is entitled to the remedies
claimed.

Signed: __________________________________
MATHEW JOSEPH
Applicant

CERTIFICATE OF VALUE

I MATHEW JOSEPH, certify that the High Court has jurisdiction to hear and determine this claim
under section 10(1) of The Status of Children’s Act No. 17 of 1981.

Signed: __________________________________
MATHEW JOSEPH
Applicant
Dated this day of December 2024
The Applicant’s address for service is: Aleah Khadar
Attorney at Law
No. 50 & 50 Cipero St.
San Fernando

Signed: ____________________________
Aleah Khadar
For the Applicant

The Court Office is at the High Court of Justice, San Fernando, Trinidad and Tobago telephone number 223-1060
FAX 657-4120. The office is open between 8:00 a.m. and 4:00 p.m. Mondays to Fridays except Public Holidays and
Court Holidays.
TO: The Assistant Registrar
High Court of Justice
Court Office
San Fernando
 Electronically Filed

Attorney: Aleah Khadar

Attorney-at-Law
Bar No: KHA2019218
Aleah Khadar Law Chambers
No. 50 & 50 A Cipero Street
San Fernando
Tel: 1868-499-2881
Email: [email protected]

IN THE REPUBLIC OF TRINIDAD AND TOBAGO

In the High Court of Justice

CV 2024-

IN THE MATTER OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981

AND

IN THE MATTER OF A DECLARATION OF PATERNITY UNDER SECTION 10(1)

OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981
ON THE PART OF

MATHEW JOSEPH
Applicant
--o0o--

AFFIDAVIT OF MATHEW JOSEPH IN SUPPORT OF FIXED DATE CLAIM FORM

I, MATHEW JOSEPH of Building 39 B Unit C Lakeview Housing Development Point

Fortin, Trinidad in the Island of Trinidad, in the Republic of Trinidad and Tobago, Production
Technician, make oath and say as follows:

1. I am the Applicant in this matter. The facts and matters referred to herein
are true to the best of my knowledge, information and belief unless
otherwise stated in which case I verily believe the same to be true and
depose to the source of this knowledge, information and belief.
2. This affidavit is sworn in support of my Fixed Date Claim Form in
which I principally seek a declaration that Dezron Kyel Joseph, is my son.

3. I intend to apply for a Trinidad and Tobago passport for Dezron

Kyel Joseph in my capacity as his father.

4. I was born on 10th December 1984. At the time of the registration of my

birth, based on the information in my Birth Certificate, the informant of
my birth was C. Pariag who was employed at the San Fernando [General]
Hospital as the Hospital’s Clerk.

5. For reasons unknown to me, the said Clerk did not provide the
deceased’s name as my father to the Registration Clerk and there was no
entry of his or any other person’s name as my father in my Birth
Certificate. There is now produced and shown to me and exhibited hereto
a true copy of my Birth Certificate as “AAR 3”.

6. For all my life, I knew the deceased as my biological father. I grew

up under the parentage of the deceased and my mother Sabita Ramesar
with my sibling Amrit Pooran-Maharaj. My parents did not live in the
same house however they were neighbours my mother lived in the same
house at No. 270 Happy Hill, Gasparillo and my father lived at No. 264
Happy Hill, Gasparillo, Trinidad. My permanent place of abode was with
my mother, however I would regularly visit my father’s place.

7. The deceased always presented and treated me as his son at family

gatherings and other events and was involved in my life until his death on
the 17th day of May 2017.

8. I was not aware that the omission of the deceased’s name on my

Birth Certificate was an issue until I sought legal advice in relation to
applying for a Grant of Letters of Administration. In this regard, the
 10. In the circumstances, I respectfully request an Order in terms of the draft
Order in the application filed herewith.

SWORN to at )
in the City of San Fernando )
this day of 2024 )

Before me,

________________________________
COMMISSIONER OF AFFIDAVITS

FILED ON BEHALF OF THE APPLICANT HEREIN

 “Electronically Filed”

REPUBLIC OF TRINIDAD AND TOBAGO

In the High Court of Justice

CV 2024-

IN THE MATTER OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981

AND

IN THE MATTER OF A DECLARATION OF PATERNITY UNDER SECTION 10(1)

OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981
ON THE PART OF

ARSHRAM ANGELO RAMESAR

Applicant
---o0o---

ORDER

Before the Honourable

Dated this day of 2024

UPON READING the Claimant’s Fixed Date Claim and the affidavits of ARSHRAM
ANGELO RAMESAR (together with the exhibits thereto) and LISA STEPHEN [SS1] all filed
on 2024.

AND UPON hearing the Applicant’s Attorney at Law.

IT IS HEREBY DECLARED that:-

1. Ganesh Pooran Maharaj, late of Avocat Junction, Fyzabad who died on

the 17th day of May 2017, is the father of the child registered as entry no.
451 named Arshram Angelo Ramesar who was born on 10 th December
1984.

IT IS HEREBY ORDERED that:-

2. The Registrar of the High Court be directed to forward an office copy of
such or any Order made in this matter to the Registrar General who shall
file same and make any appropriate entries in the records of the Register of
Births and Deaths to reflect that Ganesh Pooran Maharaj, late of Avocat
Junction, Fyzabad who died on the 17th day of May 2017, is the father of
the child registered as entry no. 451 named Arshram Angelo Ramesar who
was born on 10th December 1984.

3. Liberty to apply.
………………………………
REGISTRAR

Electronically Filed
 Attorney: Aleah Khadar
Attorney-at-Law
Bar No: KHA2019218
Aleah Khadar Law Chambers
No. 50 & 50 A Cipero Street
San Fernando
Tel: 1868-499-2881
Email: [email protected]

IN THE REPUBLIC OF TRINIDAD AND TOBAGO

In the High Court of Justice

CV 2024-

IN THE MATTER OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981

AND

IN THE MATTER OF A DECLARATION OF PATERNITY UNDER SECTION 10(1)

OF THE STATUS OF CHILDREN’S ACT NO. 17 OF 1981
ON THE PART OF

MATHEW JOSEPH
Applicant
--o0o--

AFFIDAVIT OF ASHA RITA DARIUS IN SUPPORT OF THE APPLICANT’S FIXED

DATE CLAIM FORM

I, ASHA RITA DARIUS of Building 39 B Unit C Lakeview Housing Development Point

Fortin in the Island of Trinidad in the Republic of Trinidad and Tobago, retired, make oath and say
as follows:

1. I am the wife of the Applicant in this matter. The facts and matters
referred to herein are true to the best of my knowledge, information and
belief unless otherwise stated in which case I verily believe the same to be
true and depose to the source of this knowledge, information and belief.
2. This affidavit is sworn in support of the Applicant’s (Arshram Angelo
Ramesar also called Ashram Angelo Ramesar) (hereinafter called
“Ashram”) Fixed Date Claim Form in which he principally seeks a
declaration that Dezron Joseph, is his son.

3. Dezron was born on 31st may 2013.

4. I shared a common law relationship with the application relationship for the
past 14 years. We lived together at two different addresses and recently
moved to our current address.

5. When Dezron was born, the applicant was working at Petrotrin as a production
technician. H e always shared a father relationship with dezron and
maintained him financially.

However, when was time to have Dezron registered a baby, the applicant was not
present at the warden’s office and therefore his name was omitted fromthe
birth certificate.

Regardless, the applicant lived together and did everything required as a father to
date. There has been any dispute in relation to whether the applicant was
Dezron’s father..

On or about 10th september 2021, both myself and the applicant visited the office
and was advised to get a statutory declaration indicating that

The you issued birth certificate with mr. joseph’s name included

In or 1st October 2024, an application was made for dezron to renew his passport
but was told due to the change on the birth certificate , an order from the
court is required.Dezron: Fanny village Government Primary SchoolAt
Standard 5
 7. I am the wife of Mathew who is available to testify to his relationship with
Dezron and it is my honest belief that Mathew is Dezron’s father.

SWORN to at )
in the City of San Fernando )
this day of 2024 )

Before me,

________________________________
COMMISSIONER OF AFFIDAVITS

FILED ON BEHALF OF THE APPLICANT HEREIN