Nuaniani v Bulu [2017] SBHC 78; HCSI-CC 410 of 2017 (7 November 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL/MATRIMONIAL JURISDICTION

Civil Case Number 410 of 2017

BETWEEN: CONSTANCE NUANIANI - Petitioner

AND: DAVID BULU - Respondent

Date of Hearing: 31^st October 2017.
Date of Decision: 7^th November 2017.

Mr. A. Rose for the Petitioner.
Mr. D. Bulu – Respondent in Person.

KENIAPISIA; PJ:

DECREE OF DIVORCE

1. Petitioner and Respondent got married on 26/12/1991. Petitioner filed for divorce on 01/09/2017. Petitioner filed for divorce on the ground that SHE and the Respondent have lived apart for a continuous period of 5 years and that the marriage has broken down irretrievably.
   
2. This is the second mention of the matter. Today’s mention, Respondent was in Court. In answer to questions from the Court, Respondent did not oppose petition.
   
3. Court is satisfied, the case for the Petitioner has been proved. Court is satisfied the marriage has broken down irretrievably, for at least 5 years prior to filing for divorce, as required by law^[1]. Evidence shows parties have lived apart since 1995.
   
4. Accordingly, the Court pronounces a decree of divorce and hereby declares that the marriage shall be dissolved, upon the expiration of 3 months and the issuance of notice in Form D, as provided by Section 11 of the Islanders Divorce Act (Cap 170).
   

4.1. Court order as in preceding paragraph 4.

4.2. No order on cost.

THE COURT

------------------------------
JOHN A KENIAPISIA
PUISNE JUDGE

---

^[1] Islanders Divorce (Amendment) Act (No 1 of 1998).