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Makana v Makana [1996] SBHC 103; HCSI-CC 306 of 1994 (24 April 1996)

CC 306, 94.HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.306 of 1994

Jay Makana

-v-

Dellin Makana & Chris Makana

High Court of Solomon Islands
(Lungole-Awich, J)
Civil Case No.306 of 1994

Hearing: 23rd April 1996
Judgment: 24th April 1996

J Remobatu for the Petitioner
M Samuel for the Respondent

JUDGMENT

(LUNGOLE-AWICH, J): Mr. Jay Makana filed petition for divorce on the grounds of adultery of the wife, Dellin Makana. The adultery was alleged to have been committed in 1992 with Chris Makana, the brother of Jay. He did not cite Chris as Co-respondent.

Marriage was common cause. They had 4 children in the marriage, they now are in the custody of Dellin, but Jay pays school fees and helps in other ways. The children visit him. The couple have not made custody an issue. Either was prepared to let the other have custody or that they have joint custody.

Dellin admitted the adultery alleged and 3 others. She explained that on the first occasion with Chris she was drunk at a function and that she had thought she had lost her husband, Jay. Her evidence enumerated at least 4 girls with whom Jay had adultery. In some cases he, lived with the girls. Dellin pleaded condonation for her defence. She said they mutually confessed in 1992 and forgave each other. Jay said that the confession was in 1994 and that there has been no condonation. When the testimonies of the two are compared, that of Dellin seems a better one. She did not change dates as Jay did. He explained his frequent changes of dates as the result of his forgetfulness. That makes his account of events unreliable. She has proved condonation.

Dellin’s own statements about the confessed and non confessed adulteries were all admitted by Jay. There was evidence that even up to the time of trial of the case Jay was committing adultery. I dismiss Jay’s petition and accept Dellin’s cross-petition as proved. I grant decree nisi of divorce on the adultery of Jay. No order as to costs is made because neither party asked for costs, and both have been adulterous. Both the husband and wife are employed for remuneration.

No order as to custody is made at this stage. Parties seem to agree about the custody. They are to file agreement to be made order of court. The agreement is to include maintenance. They have 30 days to do so. If they fail to do so on any important aspect of ancillary, the Petitioner is to apply for the hearing of ancillary.

Dated this 24th day of April 1996
At the High Court
Honiara

Sam Lungole-Awich
Judge