High Court of Solomon Islands
Before: Lungole-Awich, J
Civil Case Nos. 95 of 1997 and 23 of 1998
Hearing: 13 February 1998
Judgment: 13 February 1998<1998
Counsel: Nori for the petitioner;
Radclyffe for the respondent
JUDGMENT
(LUNGOLE-AWICH, J):
Olivia Eddie Minu Gee petitioned the court for divorce, alleging three
adulteries on the part of her husband, Arthur
Bruce Gee. The husband has
left Solomon Islands and returned to Australia, a country of his
nationality. The petitioner
is a Solomon Islander. Service of petition for
divorce is required to be effected personally on the respondent, but as it
was not possible in this case, the petitioner had to apply for leave to
serve the petition outside Solomon Islands jurisdiction,
and for substituted
service. Leave for both manners of service was granted and service was
accomplished.
<
he trial the point was raised as to whether court could waid waive, during
the trial, the requirement that a petition for
divorce can only be brought
three years after the marriage. Learned counsel urged the court to do so in
view of the fact
that the petition was filed only 2 months short of 3 years,
and that the trial itself was well beyond 3 years after the marriage.
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It was my view that although the court ly has power to waive the
the
requirement of 3 years to pass after the marriage,
on the ground of
hardship, the application for the waiver had to be made before the petition
was filed. I refused the
application and struck out the petition as being
irregular proceeding. New petition will have to be filed should the
petitioner wish to pursue the intended divorce. The new petition will have
to be served. The orders for leave to serve outside
the jurisdiction, and by
substituted service are maintained. As the respondent did not attend court,
no order for costs
is made.
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Dated this 13th day of February 1998