Ale v Ale [2013] SBHC 99; HCSI-CC 138 of 2010 (2 August 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 138 of 2010

BETWEEN:

ELLEN ALE
Petitioner

AND:

PERRY ALE
Respondent

Date of Ruling: 2 August 2013

Ms Bird for Petitioner
Respondent not in court

RULING

1. This is an application by the Petitioner filed on 10 August 2011 for the following orders: (1) that the matrimonial properties in parcel Nos 191-035-70 and 191-003-21 be distributed between the parties in these proceedings (2) That title of the property in parcel No. 191-003-21 be registered under the sole name of the Petitioner (3) that title of property in Parcel No. 191-035-70 be registered under the sole name of the Respondent (4) costs of this application be borne by the Respondent and (5) Any further orders that the court deems fit to make.
   
2. The Petitioner and the Respondent were married on 25 July 1994 at the Central Magistrate court. There were four children to the marriage namely McChesney Ale age sixteen years, Terry Ale age fourteen years, Moma Ale age Thirteen years and Sophie Ale age ten years. At the present time Terry Ale and Sophie Ale are living with the Petitioner and McChesney Ale and Moma Ale are living with the Respondent. A decree nisi was pronounced by the court in respect of the marriage between the parties on 30 April 2010. The Petitioner is currently living in the property on Parcel No. 191-003-21 with children Terry Ale and Sophie Ale. The Petitioner has been responsible and is still being responsible for the loan repayment in respect of that said property.
   
3. The Respondent is living in the property on Parcel No. 191-035-70 with McChesney Ale and Moma Ale. The Respondent is also responsible for the loan repayment of the said property.
   
4. In the circumstances, the court will grant the orders sought in the application. Further, an order that the custody arrangement between the parties in relation to the four children of the marriage to remain as it at the present moment. Order accordingly.
   

THE COURT