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Mylapalli v Mylapalli [2019] SBHC 82; HCSI-CC 250 of 2019 (18 October 2019)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 250 of 2019

HEMALATHA MYLAPALLI
Applicant

V

RAVI KUMAR MYLAPALLI
Respondent

Date of Hearing: 11 October 2019
Date of Ruling: 18 October 2019

Ms. K Kohata for the Applicant
Mr. R K Mylapalli; Respondent in Person

REASONS FOR ORDERS

1. Pending before this Court is Applicant’s “application for leave to extend time to file appeal out of time”, against a decision of the Magistrate Court dated 25/02/2019. Magistrate Court struck out the applicant’s case in the Magistrate. Applicant’s claim in the Magistrate Court was domestic violence and related reliefs against the Respondent.
2. Application for leave was filed in this Court on 3/05/2019. At initial mention, the Respondent was not present in country. Respondent had gone back to India or other countries overseas. Respondent came back to the country in September 2019. Applicant applied on urgent basis for the Court to issue a Stop Departure Notice against the Respondent from leaving Solomon Islands. Application was heard ex-parte on 30/09/2019. Court granted Stop Departure Notice to prohibit Respondent from leaving Solomon Islands, under Section 89 (1) (c) of the Immigration Act 2012, so that Respondent could answer to the pending application for leave. Orders were perfected on 1/10/2019.
3. On 4/10/2019, I heard Applicant’s lawyer and Respondent. Respondent says he came back to take his son to attend school in India. He said that he was willing (through support from his family) to pay for his wife (applicant) and his son’s air tickets. So I adjourn and asked parties to sort out tickets for the whole family to go back to India. And say Court can reconvene at short notice, once tickets are sorted out.
4. On 11/10/2019, I reconvened because the tickets were ready. The couple (Applicant and Respondent) and their child have return tickets to fly to India on 16/10/2019. At 11/10/2019 hearing, Applicant through Counsel and Respondent in person made submissions on many allegations, raising many issues without any “cause of action” on foot. What I have is a pending application for leave.
5. The many allegaions and issues that Applicant and Respondent raised, I can summarise as follows:-
   • (i) Divorce, domestic violence, abuse, abandonment, maintenance, protection orders – Applicant raised these as carry on from the case struck out in the Magistrate Court. Pending before me is the Application for leave.
   • (ii) Properties and Caveat – Applicant had lodged a caveat over properties that Respondent had acquired, whilst doing some investments in this country.
   • (iii) Education for the child interrupted since last year 2017/2018.
6. These issues and allegations or claims may or may not be true. But I cannot venture to look into, because there are “no claims and no cause of actions” before me, on foot. When sending out parties to sort tickets on 4/10/2019, I heard a very good proposal from the Respondent. That he wants to take back his wife and son to India. Then they could sort out in Indian Courts issues to do with parties divorce, child’s education, domestic violence, abandonment, maintenance, property rights etc. This proposal sounds proper because being in a foreign country, parties may find it difficult to work through these issues.
7. The proper thing to do is to send the couple back to India. And in India (their home) they can sort out their issues. Couple needs to have their foot firm on the ground (their homeland). Then can work through their issues. Here, I feel the couple’s foot is not on firm ground. Respondent told me he is without employment. Applicant told me, she and the son are surviving at the mercy of friends and care givers.
8. And so the proper orders in the circumstances were verbally pronounced and perfected on 11^th October 2019. For completeness sake, I repeat the orders here below:-
   • 8.1 That the couple and their child will travel to India on 16^th October 2019, at 10:50 am on board Air Niugini flight from Henderson International Airport, Honiara, Solomon Islands, transiting via Port Moresby and Singapore.
   • 8.2 The couple nor the child may reside lawfully in Solomon Islands, after 16^th October 2019, unless there is flight cancellation.
   • 8.3 The couple (neither of them) shall lawfully re-enter Solomon Islands, unless he or she shall produce to the Immigration or relevant authorities here, a “decree of divorce”, evidencing parties’ dissolution of marriage, granted by an Indian competent Court.
   • 8.4 The couple (neither of them) shall leave India, unless a “decree of divorce”, evidencing parties’ dissolution of marriage, is granted by an Indian competent Court.
   • 8.5 The “Stop Departure Notice” issued against Ravi Kumar Mylapalli on 1^st October 2019 is hereby discharged.
   • 8.6 The pending application for leave to extend time to appeal out of time in this proceeding is permanently stayed.
   • 8.7 Cost in the cause.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE