Mahe v Na'aniumotu [2018] TOSC 25; Divorce Case 58 of 2018 (14 June 2018)

IN THE SUPREME COURT TONGA
FAMILY DIVORCE JURISDICTION
NUKU’ALOFA REGISTRY

FD 58 of 2018

BETWEEN : PALATIMANI MAHE

Petitioner

AND : ‘ALISI NA’ANIUMOTU

Respondent

AND : ALEPINI OLOSENI

Co-Respondent

BEFORE LORD CHIEF JUSTICE PAULSEN

Hearing : 14 June 2018
Date of Ruling : 14 June 2018

Counsel : Mrs. L Pahulu-Kuli for the petitioner
Mr L. Niu SC for the respondent

RULING

[1] The petitioner seeks a dissolution of his marriage to the respondent. The respondent does not oppose the making of an order of dissolution but does oppose orders that the petitioner sought in relation to custody and care of the children and the respondent also seeks maintenance for the children.

[2] The matter came before me today on a defended basis and upon hearing all the evidence I saw Counsel in Chambers and asked them to speak to their clients in an effort to resolve the matters in dispute by agreement. Counsel did that and I am grateful that within a short period of time an agreement was reached. I consider that the orders sought are appropriate.

Result

[3] By consent I make the following Orders:

(a) The marriage solemnized on 20 November 2007 between the petitioner and the respondent shall be dissolved unless sufficient cause be shown to the Court within six weeks why this decree should not be made absolute.

(b) Custody of the children of the marriage, namely ‘Asinate Longovuka Mahe (female, born 6 October 2008), ‘Atu Langavalu-Mo’ui-He-Kelesi Mahe (female, born 10 March 2010) and ‘Onesi Lamesisi William Mahe (male, born 14 September 2012), is granted to the respondent but the petitioner is to exercise access to the said children during each weekend.

(c) If the respondent intends to travel overseas she shall discuss her plans with the petitioner as soon as possible and consideration is to be given to the children staying with the petitioner during such periods.

(d) The petitioner shall pay to the respondent maintenance in respect of the children of the marriage in the sum of TOP$120 per week with the first such payment to be made on 22 June 2018.

(e) The Orders made in paragraphs (b), (c) and (d) are to supersede any orders previously made by the Magistrate’s Court in proceedings between these parties.

O.G. Paulsen
NUKU’ALOFA: 14 JUNE 2018. LORD CHIEF JUSTICE