Garo v Garo [1997] SBHC 75; HC-CC 082 of 1989 (2 October 1997)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 82 of 1989

EDITH GARO

-V-

JOHN GARO

High Court of Solomon Islands
(Palmer J.)

Hearing: 1st October, 1997
Judgment: 2nd October, 1997

Mrs M. B. Samuels for the Applicant
P. Tegavota for the Respondent

PALMER J.: This is an application by way of summons filed on 9th May, 1997 for orders inter alia for payment of maintenance arrears totalling $14,000.00.

On 10th September, 1997, the Court made the following orders:

"1. Custody of Catherine Garo by consent made in favour of the Applicant, Edith Garo.

2. By consent no orders for maintenance sought for Catherine by the Applicant.
   
3. Custody of Christina, Margaret, William, and Joanna by consent made in favour of the Respondent, John Garo with immediate effect.
   
4. Reasonable access to be given to the parties as usual.
   
5. Direct that affidavits in support of maintenance arrears be filed within 7 days hereafter.
   
6. Affidavits in reply if any to be filed 7 days thereafter.
   
7. Hearing of claim for maintenance arrears fixed for 1st October, 1997 at 2.30 p.m."
   

The Applicant has filed affidavit in support of her claim on 22nd September, 1997. The Respondent has not filed any affidavit in reply. On the hearing before this Court on 1st October, 1997, the Respondent failed to make any appearance.

The Applicant also gave oral evidence in support of her claim. From the evidence adduced in court, I am satisfied the following arrears as per this Court’s orders dated 15th December, 1994 and 20th February, 1995 are due:

(1) As per order of the Court dated 15th December, 1994, at $500.00 per month commencing on 23rd December, 1994:

Amount not paid: $500.00 for the month of January, 1995.

(2) As per order of the Court dated 20th February, 1995 at $600.00 for all children commencing on 28th February, 1995:

(a) Amount not paid for Christina, Margaret, and Catherine at $120.00 per child per month for 30 months (that is from 28/2/95 - 31/8/97): $120.00 X 3 X 30 = $10,800.00.

(b) Amount not paid for William for the times spent with Applicant:

(i) Nov. 95 - Feb. 96: $120.00 X 3 = $360.00

(ii) Nov. 96 - April 97: $120.00 X 5 = $600.00

(c) Amount not paid for Joanna for the times spent with the Applicant:

(i) Feb. 95 - June 95: $120 X 4 = $ 480.00

(ii) Nov. 95 - Feb. 96: $120 X 3 = $ 360.00

(iii) Nov. 96 - Aug. 97: $120 X 9 = $1,080.00

Total amount of arrears due therefore is $14,180.00. In view of the fact that the Applicant wishes to claim only the sum of $14,000.00, the amount of arrears is accordingly reduced to that sum.

ORDERS OF THE COURT:

1. Order that the amount of $14,000.00 being arrears of maintenance due to the Applicant up to 31st August, 1997 be paid within 30 days herewith.
   

THE COURT.