Kiriau v Bubu [1999] SBHC 30; HC-CC 052 of 1999 (30 March 1999)

class="MsoNormal" aal" align="center" style="text-align: center; margin-top: 0; margin-bottom: 0"> HIGH COURT OF SOLOMON ISLANDS

HC-CC No. 05299

DUDDLEY KIRIAU

class="Mss="MsoNormal" align="center" style="text-align: center; margin-top: 0; margin-bottom: 0"> -v-

ELAM BUBU

High Court of Solomon Islands
(Lungole-Awich, J)
C Civil Case No. 05299

p class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> Date of Hearing 30th March 1999
Date of Judgment: 30th March 1999

Petitioner in Person
Respondent in Person

JUDGMENT

(LUNGOLE-AWICH, J): On the evidence, the petitioner has failed to establish divorce offence against the respondent. Instead the respondent has established divorce offences of adultery and desertion. She has not condoned the adulteries of the petitioner with two named women. I treated her case as a defence and cross petition for divorce because she in her evidence asked for divorce. The court grants decree nisi of divorce to last for 3 months whereafter, decree absolute may be obtained, dissolving the marriage between Duddley Kiriau and Elma Bubu solemnised on 24.6.1970, at Lilibia, Malaita in Solomon Islands.

class="MsoNoMsoNormal" style="margin-top: 0; margin-bottom: 0"> Parties heven children who are for all purposes adult. Six (6) of thof them are of majority age. The seventh, the youngest aged 17, is now engaged to marry next month. There is no need to make any order about the children.

There has been previous matrimonial proceedings in the High Court, Case No. HCCC 48/94, between the parties. The petitioner then, after 24 years of marriage petitioned for order to declare the marriage null for lack of giving notice to marry. The petition was dismissed by Palmer J on 9.6.1995. That proceeding does not make the present petition incompetent.

Parties have not asked osts and there seems to be no need to award costs to s to the respondent, the court does not make order for costs.

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Delivered this Tuesday the 30th day of March 1999.

At the High Court,
Honiara

Sam Lungole-Awich
r> Judge