Betham v Betham [1994] WSSC 48 (24 March 1994)

IN THE SUPREME COURT OF WESTERN SAMOA
HELD AT APIA

DIV. 45/93

BETWEEN

STEVE ALPHONSO BETHAM
of Vailoa, Businessman
Petitioner

AND

MARIANNA FILI BETHAM
of Vailoa, Housewife
Respondent

Counsel: P.A. Fepuleai for Petitioner
R. Drake for Respondent

Date of Hearing: 15^th March 1994
Date of Judgment: 24^th March 1994

JUDGMENT OF SAPOLU, CJ

I will give a full written judgment with reasons in due course. But I will now give the essential conclusions I have reached after due consideration of the evidence in relation to the petition and cross-petition for divorce and the application for ancillary relief.

Firstly the marriage of the petitioner and the respondent is dissolved. Secondly and by consent of the petitioner, the custody of the two children of the marriage is awarded to the respondent with reasonable access being reserved to the petitioner. Thirdly, the petitioner is ordered to pay to the respondent, commencing from 1 April 1994, the sum of $200 a week for the maintenance of the respondent and the two children of the marriage.

Now the petitioner has also agreed to build a two bedroom house for the respondent and the two children of the marriage on a quarter acre of freehold land to be registered under the names of the respondent and her two children within four months. So the consent order is made for the petitioner to build a two bedroom house for the respondent and the two children of the marriage on a quarter acre of freehold land to be registered under the names of the respondent and her two children within four months from today.

I make no order as to costs.

CHIEF JUSTICE