Oritaimai v Suguta [1995] SBHC 59; HC-CC 261 of 1995 (25 October 1995)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 261 of 1995

AARON ARTHUR ORITAIMAI

-v-

SOERI BULOU SUGUTA

High Court of Solomon Islands
(Awich, Commissioner)

Hearing: 20 October 1995
Judgment: 25 October 1995

Public Solicitor for Petitioner

Awich, Commissioner: Aaron Arthur Oritaimai petitioned the Court for divorce alleging, in the petition dated simply, June 1995 and filed 22.8.95, that his wife Soeri Bulou Suguta committed adultery with Lawrence Makili who he cited as Co-Respondent. The wife cross petitioned, alleging adultery and cited Raelyn Abe as Co Respondent. By consent Aaron Arthur Oritaimai withdrew his petition and allowed the cross petition to be proved. He admitted adultery with Raelyn Abe.

That there is a subsisting marriage was not a point of contest, and the marriage certificate No. 146216, dated 11 October 1991 produced as exhibit P1 proved the marriage in Fiji on 11 October 1991 conclusively.

The ground for divorce relied upon is adultery which in the law of divorce in Solomon Islands being the position existing in common law in England, requires strict proof, that is proof to the standard required in criminal law, beyond reasonable doubt. In this case, however, the respondent has confessed his adultery and so did the cross petitioner though no discretionary statements have been filed. I find that adultery has been proved against the Cross-Respondent by testimony of the cross petitioner and Respondent’s admission. The Court is required to decline to grant decree for divorce if there is collusion. In their petitions parties say there has not been collision. I have also looked for signs of it in the testimonies; there is none. The cross petitioner having proved the offence of adultery and there being no collusion, I grant and pronounce Decree Nisi of Divorce to last 3 months.

The parties did not have any issue from the marriage. The wife however, has asked for alimony to be granted against the husband. She is a national of Fiji. She met her husband there, was married and travelled with him to live in Solomon Islands. Her husband is a national of Solomon Islands. She was employed as laundry-hand at Colonial Hospital, in Suva, Fiji, before her marriage. That job though not a substantial job provided her with means of living. Right now she is unemployed and puts up with “one talk”. The divorce has now been obtained on proof of her allegations in the petition - largely admitted. In the circumstances outlined, she is entitled to award of alimony. The husband admits so.

Assessment of the sum to be awarded depends on the income of the husband. No doubt the demand arising from living in town, Honiara are numerous and require substantial sum of money. One would require a house, (in her case) most likely a rented one, and the daily grocery and toiletry requirements. All amount to substantial sum, but the court must limit its consideration to the present means of the husband which is a gross salary of $1,478.40 per fortnight paid in his employment as Senior Medical Officer. According to his last pay slip for the period ending 5 October 1995, after the usual deductions, Dr Oritaimai remains with net income of $967.51 per fortnight. Out of that he now has to pay bank loan of $428.00 per fortnight. So the sum available to him for his fortnightly maintenance is $539.51 which is the figure in the range he stated accurately in his testimony. I order fortnightly alimony of $150.00 payable by the Cross Respondent to the Cross petitioner. The sums are payable until she remarries or leaves Solomon Island or until another court order is made should parties apply to Court. Payment to cease should she cohabit with man.

There being no costs incurred by the cross petitioner who was represented by counsel from the office of public solicitor, I order no costs in favour of the cross petitioner.

In the event that the cross petitioner would like to return to Fiji, I order that the cross respondent pay the cost of economy class air ticket together with any tax thereon and any airport or service tax associated with her travel once to Suva, Fiji, Cross respondent to be given at lease one month Notice.

Dated at Honiara this 25th day of December 1995.

(Sam Awich)
COMMISSIONER