Boseto v Pili [1997] SBHC 8; HC-CC 144 of 1995 (12 March 1997)

HIGH COURT OF THE SOLOMON ISLANDS

Civil Case No 144 of 1995

BOSETO

v

DORIS PILI

Before: Lungole-Awich, J

Hearing: 12^th March 1997

Ruling: 12^th March 1997

Counsel: A Nori for the Petitioner

C Ashley for Respondent

RULING

LUNGOLE-AWICH, J: The affidavits filed on behalf of the Respondent have disclosed sufficient facts regarding difficulties encountered by the Respondent who leaves in another country, to attend hearing of the petition on 20.10.1995. They also disclosed plausible alternative evidence which should properly be made available and evaluated together with that given by the Petitioner. The court is satisfied that good cause has been shown for the order nisi for divorce made by this court on 20.10.1995 not to be made absolute, and the court so orders. The decree nisi is stayed; the petition is to be set down for hearing again, and adequate notice be given to the Respondent.

It is not quite obvious that the children of the marriage will be required during the hearing. If the Respondent shows adequate issues before hand that will require attendance of the children at the hearing of the petition, consideration will be given to application for the expenses likely to arise.

As far as the Respondent is concerned, it is reasonable in the circumstances to order petitioner to contribute towards her attendance at the hearing. The court orders that Respondent pay one-half of expected costs of travel, that is, one-half of return ticket and one-half of accommodation for 4 days in Honiara.

The interim order said to have been made by the magistrates court is to be returned to the magistrate as it was meant, and for the magistrate to make order he deems appropriate taking into account that the High Court now has before it a petition for divorce in which Respondent is of course a party.

Costs of today is granted to the Respondent.

Dated this 12^th day or March 1997

At the High Court, Honiara

Sam Lungole-Awich,
Judge