Lote v Lako [2017] SBHC 62; HCSI-CC 360 of 2017 (15 September 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTION

Civil Case Number 360 of 2017

BETWEEN: RUDGARD LOTE - Petitioner

AND: RACHEL LAKO - Respondent

Date of Hearing: 12^th September 2017.
Date of Judgment: 15^th September 2017.

Mr. L. Chite for the Petitioner.
Rachel Lako – Respondent in Person.

KENIAPISIA; PJ:

JUDGMENT

1. Petitioner and Respondent got married on 27/11/1997, at Saint Alban here in Honiara. Petitioner filed for divorce on 10/08/2017. Petitioner filed for divorce on the ground that parties have separated and lived apart since 2011.
   
2. This is the first mention of the matter. Counsel Chite appeared for the Petitioner. Respondent was in Court personally.
   
3. Having listened to the Respondent, Court is satisfied that this petition for divorce should be granted, because the Respondent is not opposing the core relief to dissolve this marriage.
   
4. Parties have five issues from this marriage and a matrimonial property, a house at Panatina Valley. No ancillary reliefs were sought in relation to matrimonial property and custody of children.
   
5. Court will grant the core relief for dissolution of this marriage. As for matrimonial property, Court noted that it is a joint property. Court will allow parties to reach consensus on the joint property and custody of children. It is apparent from the materials that these two (2) family matters are not in dispute. It may be the case that parties have reached consensus on these 2 matters. Should there be dispute on these 2 matters, parties are given 12 months to come back to Court. Alternatively parties can file a consent order on these 2 matters. If nothing happens at the lapse of 12 months, this file will be permanently closed.
   
6. Accordingly; the orders of this Court are:-
   

6.1. Decree absolute dissolving the marriage is granted on the ground of separation.

6.2. Parties have 12 months to resolve and agree on matrimonial property and custody of children (if necessary).

6.3. No order on costs.

THE COURT

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JOHN A KENIAPISIA
PUISNE JUDGE