Ngeskesuk v Moleul [1961] TTLawRp 29; 2 TTR 188 (6 April 1961)

2 TTR 188

NGIRAMECHELBANG NGESKESUK,
Appellant

v.

DIRRAIWESEI MOLEUL,
Appellee

Civil Action No. 198
Trial Division of the High Court
Palau District

April 6, 1961

Action by divorced woman against former husband, in which Palau District Court awarded two hundred dollars "food money" claimed by plaintiff to be due under Palau customary law. On appeal, the Trial Division of the High Court, Chief Justice E. P. Furber, held that where claim for "food money" was not brought up at traditional meeting between relatives of husband and wife for determination of such matters, claim is waived.

Reversed.

1. Palau Custom - Marriage

Concept of responsibilities surrounding marriage under Palauan system of society is very different from that usual in United States.

2. Palau Custom-Divorce - "Olmesumech" and Food Money

Palauan word olmesumech, although freely translated as "alimony" is basically different in kind from alimony in usual American sense of money paid directly from one spouse to other for his or her support.

3. Palau Custom – Divorce - "Olmesumech" and Food Money

Under Palau custom, olmesumech and food money are matters which should be determined by meeting of relatives of wife and relatives of husband.

4. Palau Custom – Divorce - "Olmesumech" and Food Money

Under Palau custom, if claim for food money is not brought up at traditional meeting of relatives of wife and relatives of husband, such claim is waived.

5. Palau Custom - Divorce - "Olmesumech" and Food Money

Under Palau custom, if olmesumech is approved by person authorized under custom to represent wife and person authorized to represent husband, and paid to person authorized to represent wife, without any claim for food money having been advanced, matters of both olmesumech and food money are ended so far as both sides are concerned.

6. Palau Custom – Divorce - "Olmesumech" and Food Money

Under Palau custom, olmesumech and food money, if any, do not go to divorced wife as matter of right.

7. Palau Custom – Divorce - "Olmesumech" and Food Money

Trust Territory courts should only consider matters of amounts due for olmesumech or food money under Palau custom after all reasonable efforts have been made to determine them through traditional channels, short of use or threat of violence.

8. Palau Custom – Divorce - "Olmesumech" and Food Money

Trust Territory courts should not entertain actions for olmesumech or food money due under Palau custom until traditional meeting is held and there is failure to reach agreement after honest and diligent effort to do so, or it is shown that husband's relatives are avoiding or preventing such meeting.

9. Palau Custom – Divorce - "Olmesumech" and Food Money

Court action for determination as to olmesumech or food money due under Palau custom should be entertained only at instigation of per-son authorized under custom to represent wife in such negotiations.

10. Palau Custom - Children's Money

Under Palau custom, matter of children's money is essentially separate matter from olmesumech and, if not decided upon at meeting where olmesumech is considered, may be taken up later.

11. Palau Custom - Children's Money

Under Palau custom, children's money is payable in Palauan money or property and not in American money.

12. Palau Custom - Children's Money

Under Palau custom, children's money is matter to be claimed by proper relative of divorced wife and not by wife herself.

Assessor: Interpreter: Counsel for Appellant: Counsel for Appellee:

JUDGE PABLO RINGANG HARUO I. REMELIIK GABRIEL KESOLEI ULENGCHONG

FURBER, Chief Justice

This is an appeal from a judgment ordering the appellant, who was the defendant in the District Court, to pay $200.00 "as payment of the plaintiffs food", following a divorce under Palau custom. The appellee, who was the plaintiff in the District Court, is the divorced wife of the appellant.

This appeal involves the relation between "olmesumech" -a sort of parting money paid by a man's relatives to his divorced wife's relatives under Palau custom and "food money"; due under Palau custom from the husband's relatives to the wife's relatives if all, payments due under the custom for food provided by the wife and her relatives to the husband and his relatives during the marriage, have not already been made.

Counsel for the appellant claims that, following the divorce in question, the appellant's relatives and the appellee's relatives agreed upon olmesumch and that the payment of this olmesumech, which the appellee's uncle had agreed to without raising any question of food money, terminated all liability of the appellant's "side" - that is, his relatives - for any such payment. Counsel also pointed out that the judgment appeared on its face to be inconsistent with the findings of fact which indicated nothing remained due for food.

Counsel for the appellee admitted that olmesumech had been agreed upon and paid to the satisfaction of the appellee's uncle, but stated that the appellee was not satisfied with it, that she had seven children living with her, that food money had not been paid and was a separate matter from olmesumech. He further stated that at the trial he had requested that "children's money" be considered, although it had not been requested in the complaint, and it is not clear whether the court did consider it, but that, even though the judgment referred to the $200.00 in question as payment for food, he felt this money might also fairly be considered to include the children's money due under Palau custom.

Counsel for the appellant claimed that the question of children's money had not been covered in the evidence and was an entirely separate matter.

OPINION

This is a case in which a divorced wife appears to be trying to override a decision reached at the traditional meeting between the relatives of the husband and wife following a divorce under Palau custom.

[1] As indicated in the opinion of this court, in the case of Duyang Orak v. Hambret Ngiraukloi, 1 TTR 454