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Toliliu v Temoa [2018] SBHC 4; HCSI-CC 414 of 2017 (15 January 2018)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION
(KENIAPISIA; PJ.)

Civil Case Number 414 of 2017

BETWEEN: ROSELYN TOLILIU - Petitioner

AND: FULTON TEMOA - Respondent

Date of Hearing: 14^th November 2017.
Date of Judgment: 15^th January 2018.

Ms. A. Willy for the Petitioner.
No Appearance for the Respondent.

DECREE OF DIVORCE

KENIAPISIA; PJ:

1. Petitioner and Respondent got married at Buruku, Western Province on 13/09/2011. There is one issue to the said marriage. Petitioner filed for divorce on 05/09/2017. Petition for divorce was made on the ground of adultery. Petitioner alleged the Respondent has left their matrimonial home in Honiara and went to reside at Lata, Temotu Province on official duty, in year 2014. Whilst serving in Lata, as Malaria Field Officer; Respondent was cohabiting with another woman, a relationship out from which a child was born.
   
2. Matter has been mentioned two times. Petition papers were served twice on the Respondent, according to Court orders.
   
3. Court is satisfied the case for the Petitioner has been proved. Court is satisfied Respondent has committed adultery with one named Mary Maramuri. Respondent choose not to attend Court, even after service was made on him twice.
   
4. Accordingly, the orders of the Court are:
   

4.1. Court pronounces a decree of divorce and hereby declares 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).

4.2. No orders on cost.

THE COURT

JOHN A KENIAPISIA
PUISNE JUDGE