Ata v Aii [2013] SBHC 66; HCSI-CC 113 of 2013 (12 June 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 113 of 2013

BETWEEN :

FR. SAM ATA
Claimant

AND:

MS. TEKIP AII
Defendant

Hearing : 12 June 2013
Judgment : 12 June 2013

Fr. Sam Ata in Person
Ms Sophia Munamua – Choniey for the Defendant.

DECISION

1. This is a Divorce Petition filed by the Claimant on 17 April 2013. The Claimant is a Solomon Islander and the Defendant is a Samoan. They were married at the Presbyterian Church at Lotofaga Village, in Samoa, on 18 March 2010. After the marriage, the Claimant cohabited with the Defendant in Honiara, Solomon Islands. There are no issues and matrimonial property to this marriage. The ground of divorce is cruelty which led to the breakdown of the marriage.
   
2. The Defendant had returned to Samoa by the time the hearings commenced in court. The Claimant served the Defendant in Samoa by registered mail in accordance will civil rules of Solomon Island 2007. The Defendant filed no defence and was not in court on 12 July 2013 when the case was set down for hearing. The Claimant applied for default judgment and the court entered judgment for the Claimant.
   
3. The court accordingly granted decree nisi to the Claimant. Decree absolute will be granted to the Claimant if the Defendant does not lodge any appeal within three months of the date of Decree nisi.
   

THE COURT