IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Matrimonial Jurisdiction)
Matrimonial Case No.01 of 2001
BETWEEN:<
CHRISTIAN JAMES
Petitioner
AND:
POLLETTE JAMES
Respondent
Coram: R. Marum MBE J.
Mr. Chan James � in person
Mrs. Pollette James � in person
JUDGMENT
Nature
Matrimonial.
Action
Petition for divorce.
Mode of Proceeding
Petitioner gave evidence and
called one witness and Respondent did not give evidence and call no witness.
Grounds for petition
That espondent has since
the celebration of the said marriage committed adultery with Gera Gerald Alick at
Port Vila in
1999.
Issue
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Did the Respondent commit
adultery with Gerald Aat Port Vila in 1999?
Evidence
as class="MsoBodyText" style="margin-top: 1; margin-bottom: 1">
On the whole o evidence of
the Petitioner and, Josli, there was no evidence that Gerald had sexual xual
intercourse with
Pollette.
There was evidence from the
Petitioner that Gerald and Pollette were going around together like, going
fishing or gardening
and so on and to him and others shows that there was a
relationship between Gerald and Pollette. Josli gave evidence that Gerald
told him that there was a relationship going on between Gerald and Pollette.
Gerald was not called to verify to this
Court the truth of that statement
and at the close of the Petitioner�s case there was no evidence at all to
prove that
Gerald had sexual intercourse with the Respondent.
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It is not easy to prove act of
sexualrcourse. Furthermore, act of sexual intercourse are not alwt always
openly talked
about and could see the difficulties of the Petitioner proving
the act of sexual intercourse. Nevertheless, the Petitioner
is still
required to prove the act of sexual intercourse on the balance of
probability.
At the close of the case and
upon the evidence adduced,e was no evidence at all to prove that the
Respondentndent committed
adultery with Gerald. For these reasons, I find that
the Petitioner failed to prove his case on the balance of probability
and I
dismiss the petition.
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Dated at Port Vila, this 11th
day of July 2001.
R. MARUM MBE
JUDGE.
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