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Zhu v Zhu Jian Chun [2007] SBHC 43; HCSI-CC 278 of 2006 (16 March 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No: 278 of 2006

NAGARITA ZHU

v

HARRY ZHU JIAN CHUN AND ANNETTE KWAI

(Mwanesalua, J.)

Hearing: 9 March 2007
Judgment: 16 March 2007

D Tigulu for the Petitioner
W Rano for the First Respondents

JUDGMENT

Mwanesalua, J: This is a Petition for dissolution of Marriage by the Petitioner. The Petitioner and the Respondent were married at the Magistrate Court in Honiara on 22 December 1999. The Marriage was celebrated under the Pacific Islands Marriage Order in Council 1907. The ground advanced by the Petitioner to dissolve this Marriage was adultery by the Respondent with the Co-Respondent.

The Petitioner and the Respondent lived in Honiara since their marriage. There are two children to the marriage. They are Tommy Kim Zhu (alias Pangpang Zhu) born on 1 July 2000 and Muddy Kim Zhu (alias Chuchai Zhu). They are both male currently living with the parents of the Respondent in China. There is still a court order in force for their return to Solomon Islands by the Respondent.

The Petitioner admitted that she committed adultery with another man in 2003. She said that the Respondent knew about this adultery and condoned it. This was confirmed by the Respondent in his testimony in court. They resumed normal marital relations after he had confirmation of this adultery from the other party to that offence.

The Petitioner went to China in October 2005. While she was in China, the Respondent and Co-Respondent lived together at a wharehouse at Ranadi. The Petitioner went to the Warehouse and collected the Co-Respondent’s clothes from the warehouse upon her return from China. The Petitioner says that she has not lived with the Respondent since her return from China, even though she had asked the Respondent to live with her at their matrimonial home at Ngosi.

The Respondent has denied committing adultery with the Co-Respondent and stated that she was merely a good friend. The Co-Respondent did not appear in court even though she was a party to this case. Further, she filed no affidavit on behalf of herself.

There is evidence that Mary Kama saw the Respondent and the Co-Respondent living in a room by themselves at the Matrimonial home at Ngosi when the Petitioner was in China. Then there was the evidence of the Petitioner collecting the Co-Respondent’s clothes from the warehouse where the Co-Respondent had been living with the Respondent. In his evidence, the Respondent says that he started to the Co-Respondent in 2005. Further, he says that he usually took the Co-Respondent out for fishing, playing at the Seaside and to his work place to help him. And finally the Respondent says that the Co-Respondent only stayed with him for a period of time.

The Respondent comes from China whilst the Co-Respondent is a Solomon Islander. They came of different ethnic and cultural backgrounds. The relationship they lived pointed to that of man and his girl friend. This court does not believe the Respondent’s evidence that the Co-Respondent was merely a good friend. Their time together points to a sexual relationship. There being opportunity for them to commit acts of adultery when they were living together at the matrimonial home and the warehouse at Ranadi. The conclusion I have come to is that acts of adultery had occurred between the Respondent and the Co-Respondent when they lived together when the Petitioner was in China.

There is no evidence of collusion between the Petitioner and the Respondent on the dissolution of the marriage. However, they both stated that the marriage has utterly broken down. The Petitioner and the Respondent are still young and both have good prospects of future marriage. The Respondent has indicated that the matrimonial property on Fixed Term Estate in Parcel Number 191-010-010 will remain with the Respondent and be held in trust for the two children of the marriage. Proceedings regarding matrimonial property and the children will follow soon.

The Court grants the petition of the Petitioner. Accordingly Decree Nisi for dissolution of the Marriage solemnized between Nagarita Zhu and Harry Zhu Jan Chun on 22 December 1999 issues. The Marriage shall be dissolved after three months should no cause of be shown for not making the order nisi absolute.

Francis Mwanesalua
Puisne Judge