Irene v Aru [1992] VUMC 1; Civil Case 028 of 1992 (24 April 1992)

SENIOR MAGISTRATE'S COURT FOR CD1 & SOUTHERN DISTRICT
HELD AT PORT VILA REPUBLIC OF VANUATU

CIVIL CASE No. 28/92

BETWEEN:

MAIKEL IRENE
(Petitioner)

AND:

JOHN ARU
(Respondent)

IN THE MATTER OF THE PETITION OF MAIKEL IRENE FOR A DECREE OF DISSOLUTION OF MARRIAGE

I have considered the Petition in this case and I'm satisfied that the Respondents have been served through registered mail within one month notice and to date no reply has yet been received. Hence, I hereby decide to issue the following orders:

THAT, the marriage between the parties celebrated on the 28th day of December 1978 be dissolved on the grounds that the Respondent has committed adultery with another person namely Irene Jackson to be refereed to as the Co-Defendant and has deserted the Petitioner without just cause for a period of at least 3 years immediately proceeding [sic] the presentation of this Petition.

THAT, custody of the two children namely Silvio Aru ago [sic] 14½ years and Agnes Aru age 12½ years be granted to the Petitioner.

THAT the Respondent shall have access towards the children provided a 24 hours notice is given to the Petitioner.

THAT the Respondent pays VT500, 000 to the Petitioner as damages caused to the marriage in respect of his adultery with the Co-Respondent.

THAT the Co-Respondent pay VT100, 000 to the Petitioner for damages caused to the marriage in respect of her adultery with the Respondent.

THAT a Decree Nisi absolute shall be issued after a period of two months commencing from today 24th April 1992.

D.V. RAKAU
Magistrate