Akania v Akania [1995] CKHC 2; DP 002.1995 (17 February 1995)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)
DP2/95

IN THE MATTER
of Part XVIIIA of the Cook Islands Act 1915

BETWEEN

KARINA AKANIA
of Rarotonga
Applicant

AND

NGETI AKANIA
of Rarotonga
Respondent

Counsel: Mr Nicholas for the Applicant
Mr Akania appears for himself

Date of Hearing: 17 February 1995
Date of Judgment: 17 February 1995

DECISION OF DILLON J.

The applicant has filed an application pursuant to the provisions of the Cook Islands Act 1915 for exclusive possession of matrimonial home and for an order of non-molestation against the Respondent, her husband.

The affidavit of the Applicant sets out the unhappy relationship which has developed; the consequences that have emanated from the conduct of alleged assault against the Respondent; and the allegations of disharmony as a result of the actions by the Respondent to not only the Applicant but to their children, for example it is alleged that the Respondent is at present charged before the criminal court of assaulting the Applicant’s daughter, who is five months pregnant. The affidavit indicates a situation of serious disharmony.

The Respondent attended an international conference hearing on this matter and acted on his own behalf. When taxed with the Applicant’s affidavit he denied all the allegations and said that they were not true. It is of course, impossible to make an assessment on an international conference call as which of two opposing stories the Court is supposed to accept or reject in circumstances such as prescribed on the papers that have been filed by the Applicant, and in the absence of any papers or evidence from the Respondent.

In the view of the fact that the Respondent is charged with a serious offence of assault against a pregnant girl, clearly some immediate action must be taken and an interim order will therefore be made pending a full-scale hearing when a judge is next sitting in Rarotonga.

There will therefore be the following orders:

1. An interim order for exclusive occupation of the matrimonial home situated at Ngatangiia.

2. A non-molestation order preventing the Respondent from entering or remaining upon or in any way interfering with the matrimonial home and its surrounds.

3. Mr. Nicholas will arrange a special time and procedure for the Respondent to uplift any personal belongings he may wish, such personal belongings being restricted to clothing and such other items.

4. These Orders are interim orders pending a hearing if either party so requires it at the next sitting of the High Court fixed for April 1995

5. Either party has leave to apply for further directions in the event that such further directions are necessary in the future.

6. The question of costs is reserved.

DILLON J