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Tono v Momo [1963] TTLawRp 6; 2 TTR 474 (8 November 1963)

TRIAL DIVISION OF THE HIGH COURT

TRUK DISTRICT

Civil Action No. 238

TONO

Plaintiff

v

MOMO and NACHUMI

Defendants

November 8, 1963

Action for damages following dissolution of marriage under Trukese custom. The Trial Division of the High Court, Chief Justice E. P. Furber, held that after plaintiff divorced defendant-spouse under the custom, defendant had no obligation thereafter to return when plaintiff changed her mind, and since plaintiff has shown no good cause for throwing away defendant, she has not sustained burden of showing she is entitled to damages from person he later married.

1. Truk Custom-Divorce-Recording

Under Truk custom, marriage may be dissolved by either spouse at any time at will without action by court, magistrate or other official, by one spouse merely throwing away other spouse.

2. Truk Custom-Divorce

Under Truk custom, once one spouse divorces the other, latter has no obligation to return when spouse causing divorce changes her mind.

3. Truk Custom-Divorce-Civil Liability

Under Truk custom, where one spouse divorces the other and no good cause is shown therefor, no damages are due her when divorced spouse leaves home and refuses to return, or marries third party.

FURBER, Chief Justice

FINDINGS OF FACT

1. The plaintiff Tono "threw away" her husband Momo.

2. The plaintiff Tono has failed to establish that the defendant Momo and Nachumi had had any improper relations with each other before Tono threw him away, or that Tono had any good reason for "throwing away" her husband Momo.

OPINION

[1] This is an action for damages following the breakup of a marriage of a couple living on Fala-Beguets Island, Truk District. No question has been raised but that they were both living in good faith under the Trukese system of society. As explained in memorandum from the Chief Justice and Associate Justice to the District and Community Court Judges in the Truk District, dated December 20, 1954, it is considered clear that

"UNDER TRUKESE CUSTOM ANY MARRIAGE MAY BE DISSOLVED BY EITHER SPOUSE AT ANY TIME AT WILL WITHOUT ACTION BY ANY COURT, MAGISTRATE OR OTHER OFFICIAL. THAT IS, THE MARRIAGE MAY BE DISSOLVED BY EITHER SPOUSE 'THROWING AWAY' THE OTHER SPOUSE."