Maesulia v Maesulia [2018] SBHC 33; HCSI-CC 288 of 2017 (16 March 2018)

IN THE HIGH COURT OF SOLOMON ISLANDS

CIVIL JURISDICTION

Civil Case Number 288 of 2017

BETWEEN: RINETA MAESULIA - Petitioner

AND: BRIAN MAESULIA - Respondent

Date of Hearing: 13^th March 2018.
Date of Decree: 16^th March 2018.

Ms. K. Kohata for the Petitioner.
No Appearance by the Respondent.

KENIAPISIA; PJ:

DECREE OF DIVORCE

1. Petitioner and Respondent got married, at the Central Magistrates Court, in Honiara on 24^th May 2007. Petitioner filed for divorce on 6/07/2017. Petitioner filed for divorce on the ground that parties have lived apart, for a continuous period of 7 years, since 2010, following the irretrievable break down of their marriage.
   
2. This is the first active mention of the matter. Respondent is not in court. Service was made. There is evidence that this petition is assented to by Respondent^[1].
   
3. Court is satisfied, the case for the Petitioner has been proved. Court is satisfied the marriage has broken down irretrievably, for 7 years, prior to filing for divorce, having surpassed the minimum 5 years period required by law^[2]. Evidence has shown that parties have lived apart since 2010.
   
4. Accordingly, court pronounce a decree of divorce and hereby declare 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 per preceding paragraph 4.

4.2. No order on cost.

THE COURT

JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Joint letter of consent by parties at Exhibit RM 2.
^[2] Islanders Divorce (Amendment) Act 1998 (No. 1 of 1998).