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Siosi v Neemia [2013] SBHC 77; HCSI-CC 125 of 2012 (4 July 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 125 of 2012

BETWEEN:

LEMUEL SIOSI
Petitioner

AND:

NEIME NEEMIA
Respondent

Hearing : 26 April 2013
Decision : 4 July 2013

Mr. Fa'aitoa for Petitioner
No appearance by Respondent

DECISION

1. This is a petition by the Petitioner for the dissolution of his marriage to the Respondent. The Petitioner and the Respondent were lawfully married on or about March 1997 at the Central Magistrate Court in Honiara, Solomon Islands.
   
2. There are four children to the marriage. They are Andre Mote Siosi, Male, who was born on 24 July 1996; Jillian Aruta Siosi, female, who was born on 11 February 1998; Noelyn Siosi, female, who was born on 13 March 2000 and Lemuel Beti Siosi, male, who was born on 12 November 2006.
   
3. The Petitioner and the Respondent have lived apart for more than five years since about the middle of March 2006. It is obvious that their marriage has irretrievably broken down and is irreconcilable given that they have lived apart for the said period of time. The Petitioner and the Respondent are both domiciled in Solomon Islands.
   
4. Having considered the circumstances pertaining to marriage between the Petitioner and the Respondent the court will decree that: (1) the Petitioner's marriage to the Respondent be dissolved; (2) the custody of the children of the said marriage be joint; (3) the Petitioner be solely responsible for meeting the expenses in respect of the children's welfare and up keeping but not limited to their education, health, social and general needs; (3) the matrimonial property in Parcel No. 191-009-41 situated at Rove, West Honiara and presently registered under the Petitioner's name be – (i) held on trust by the Respondent until the parties' son Messrs Andre Mote Siosi attains eighteen years of age by which time the Respondent is to act diligently to promptly transfer the title of the said property to him; (ii) in the interim occupied, used or leased out by the Respondent for her own benefit provided that she at her own cost keeps and or ensures that the said property is kept or maintained at a reasonable state of good tenantable repair and to be liable for all taxes, charges, rates, rents and or levies payable to the Government, City Council and other authorities whether legally demanded or otherwise; An order that costs relative to or in connection with this proceeding be borne by the Petitioner.
   

THE COURT