N11510

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

MC 09 OF 2023

BETWEEN
MICHAEL CANUTE TOUNOKON
Petitioner

AND
EDNA TOUNOKON
First Respondent

AND
CEDRIC TABUA
Second Respondent

ALOTAU: GEITA J
24 SEPTEMBER 2025

MATRIMONIAL CAUSES – Dissolution of marriage on grounds of adultery – custody of the children of the marriage.

Counsel
Mr. C. Namono, for the petitioner
N/A, for the Respondents

1.	GEITA J: 	This is a petition for dissolution of marriage, on the grounds of adultery.

2.	The first Respondent has engaged in and is continuously having Adulterous affairs with the Second Respondent. They currently live together at Raven’s Estate.

a)	It is during the time the Petitioner was at Brisbane Australia, from 3rd September 2022 to 14th September 2022 that he heard reports of the First Respondent sleeping out of the house and having only three (3) dinners with her children, before the Petitioner returned.

b)	On the 11th of October 2022 the Second Respondent’s wife Mrs. Cathy Tabua saw her husband the First Respondent being dropped off at PNG Ports Wharf in the same motor vehicle that the First Respondent was travelling on.

c)	On 26th November 2022 the First Respondent took a team of United Nations Population Fund (UNFPA) officers to Doini Island by dinghy from Driftwood Bungalows.

d)	From Doini Island, the First and Second Respondent travelled to Logea Island Resort where they spent a night, sleeping in the same bungalow.

e)	Since then, the First and Second Respondents have lived and continue to live together as lovers, at Ravens Estate.

3. 	There is no contest that the parties have been living separately and apart since 15 October 2022 when the First Respondent left the matrimonial home at Middle Town, Alotau without cohabitation. There is no reasonable likelihood of cohabitation being resumed between the parties.

4. 	The Ground for dissolution prescribed in s 17 (a) (b) (c) of the Matrimonial Causes Act, (Chapter No. 282) has been established.

5. 	Since the filing and service of the Notice of Petition on the Respondents neither party has responded to the Petition. The Court was informed during the hearing of this petition that the First Respondent has moved on in life and not interested. 

6. 	Under such circumstances and having found that the grounds for dissolution of marriage is made out, the Petition is granted. The sole custody of the children of the marriage is vested in the Petitioner. Compensation to the Petitioner on grounds of adultery by the Respondents deemed not necessary and not ordered. 

7. 	I therefore make the following orders:

ORDER

(1)	A decree nisi of dissolution of the marriage between the Petitioner and First Respondent on the grounds of adultery and that they have been separated and have lived separately of not less than five years immediately preceding the date of this petition, is granted.

(2)	Sole custody of the children of the marriage is vested in the Petitioner, with controlled right of access to the First Respondent only on agreement with and by the Petitioner.

(3)	Costs to be in the cause. 

Lawyer for the petitioner: Public Solicitor