The plaintiff had been married to another man for over a year now. Before their marriage, the plaintiff had informed her husband-to-be that she had a one year child, born out of wedlock. He had agreed that there would be no problem on raising the child and had agreed to take care of the child. Their agreement had been casual and was not witnessed by anyone since she felt that there was no need to have any formal agreement with someone she loved so much. In her opinion, signing documents to commit him to raise the child would be seen as mistrust or disrespect. After all, she felt that she was lucky to get married since she was not pretty and few men approached her with regard to romantic and marriage issues.
After a year of marriage, the plaintiff bore no child with her new husband and he was furious about it. He filed a divorce and won the case leading to their permanent separation. The plaintiff’s child was now two years old and needed to go to a baby care centre and also needed good attendance since her mother was busy working. Earlier on, the expenses had been provided by her ex-husband. Her job was lowly paying and she could not afford to pay for her child and sustain her bills. Though she had decided to take care of her child alone after facing many rejections by the different men she met, the child was too demanding and she felt that there was no way that she could raise the child alone. She casually approached the child’s biological father (who is the defendant in this case) but got a shock when he clearly refused to take care of the child. He argued that had she wanted him to take care of the child, she would have done so since its birth. He wanted to raise his newly born baby and felt that he could not afford to raise two children with his salary. The plaintiff then moved to the Department Of Social Services, BOSE to seek for help, where the defendant was sued for negligence of duties. The organization wanted him to take care of the child since the plaintiff had taken a lot of care in his absence, since the child’s birth. The case was filed on 3rd January, 2012.