Thomas. B v. Anitha Neth(1988)

POHNPEI LAW REPORTS

VOL. 3A

[3A PN.L.R. 758]

THOMAS E. BRYAN,

Petitioner

ANITA NETH BRYAN,

Respondent

Pohnpei Civil Action No. 213-87

Trial Division of the Pohnpei Supreme Court

November 22, 1988

Joint petition by a United States citizen and a Federated States of Micronesia citizen, who were married in Pohnpei, for divorce. The parties had been guilty of acts towards each other that would make further living together a burden upon each other. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held that the Court had jurisdiction to grant a divorce pursuant to 39 TTC, Sections 1 and 201.

Courts - Jurisdiction

The Court has jurisdiction pursuant to 39 TTC, Sections 1 and 201, to grant a divorce where the parties to a marriage have been guilty of acts towards each other and the acts would make further living together as man and wife a burden upon each other.

EDITORIAL NOTE:

Under 39 TTC, Section 201, a divorce from marriage may be granted for the following causes and no other:

(1) Adultery

(2) The guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not

[3A PN.L.R. 759]

amounting to physical cruelty as to render the life of the other burdensome and intolerable and their further living together unsupportable.

(3) Wilful desertion continued for a period of not less than one year.

(4) Habitual intemperance in the use of intoxicating liquor or drugs continued for a period of not less than one year.

(5) The sentencing of either party to imprisonment for life or for three years or more. After divorce for such cause, no pardon granted to the party so sentenced shall affect such divorce.

(6) The insanity of either party where the same has existed for three years or more.

(7) The contracting by either party of leprosy.

(8) The separation of the parties for two consecutive years without cohabitation, whether or not by mutual consent.

(9) Wilful neglect by the husband to provide suitable support of his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation.

YOSTER CARL, Associate Justice

This is an uncontested matrimonial cause of action. The

[3A PN.L.R. 760]

parties filed a joint petition for divorce under oath on November 4, 1987, in the Pohnpei State Supreme Court.

The parties stated as follows:

1. The petitioner is a citizen of the United States of America and has resided in Pohnpei State, Federated States of Micronesia for six years.

2. The respondent is a citizen of the Federated States of Micronesia and a resident of Pohnpei State.

3. The petitioner and the respondent were legally married by Chief Justice Edwel H. Santos on June 6, 1985.

4. The petitioner and the respondent have been guilty of acts towards each other that would make further living together a burden upon each other.

5. The respondent has also been unfaithful toward the petitioner during their marriage.

6. There was no child born to the parties during their marriage.

7. The petitioner has adopted Janice, a daughter of the respondent, aged seventeen (17).

8. There are no significant assets which were acquired during the course of the marriage.

[3A PN.L.R. 761]

CONCLUSION OF LAW

Pursuant to 39 TTC sections 1 and 201, this Court has jurisdiction to grant divorce.

The Court has heard representations by counsel and examined the stipulated petition for divorce and approved the same.

Accordingly, it is ORDERED, ADJUDGED and DECREED as follows:

1. That a cause of divorce from bonds of marriage has been established, and the petitioner, Thomas E. Bryan, be and is hereby granted a decree of absolute divorce from the respondent, Anita N. Bryan, and the bonds of marriage between them be, and the same are hereby dissolved.

2. The petitioner shall pay $150.00 each month to the respondent as alimony for a period of two (2) years.


	POHNPEI LAW REPORTS VOL. 3A [3A PN.L.R. 758] THOMAS E. BRYAN, Petitioner v. ANITA NETH BRYAN, Respondent Pohnpei Civil Action No. 213-87 Trial Division of the Pohnpei Supreme Court November 22, 1988 Joint petition by a United States citizen and a Federated States of Micronesia citizen, who were married in Pohnpei, for divorce. The parties had been guilty of acts towards each other that would make further living together a burden upon each other. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held that the Court had jurisdiction to grant a divorce pursuant to 39 TTC, Sections 1 and 201. Courts - Jurisdiction The Court has jurisdiction pursuant to 39 TTC, Sections 1 and 201, to grant a divorce where the parties to a marriage have been guilty of acts towards each other and the acts would make further living together as man and wife a burden upon each other. EDITORIAL NOTE: Under 39 TTC, Section 201, a divorce from marriage may be granted for the following causes and no other: (1) Adultery (2) The guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not [3A PN.L.R. 759] amounting to physical cruelty as to render the life of the other burdensome and intolerable and their further living together unsupportable. (3) Wilful desertion continued for a period of not less than one year. (4) Habitual intemperance in the use of intoxicating liquor or drugs continued for a period of not less than one year. (5) The sentencing of either party to imprisonment for life or for three years or more. After divorce for such cause, no pardon granted to the party so sentenced shall affect such divorce. (6) The insanity of either party where the same has existed for three years or more. (7) The contracting by either party of leprosy. (8) The separation of the parties for two consecutive years without cohabitation, whether or not by mutual consent. (9) Wilful neglect by the husband to provide suitable support of his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation. YOSTER CARL, Associate Justice This is an uncontested matrimonial cause of action. The [3A PN.L.R. 760] parties filed a joint petition for divorce under oath on November 4, 1987, in the Pohnpei State Supreme Court. The parties stated as follows: 1. The petitioner is a citizen of the United States of America and has resided in Pohnpei State, Federated States of Micronesia for six years. 2. The respondent is a citizen of the Federated States of Micronesia and a resident of Pohnpei State. 3. The petitioner and the respondent were legally married by Chief Justice Edwel H. Santos on June 6, 1985. 4. The petitioner and the respondent have been guilty of acts towards each other that would make further living together a burden upon each other. 5. The respondent has also been unfaithful toward the petitioner during their marriage. 6. There was no child born to the parties during their marriage. 7. The petitioner has adopted Janice, a daughter of the respondent, aged seventeen (17). 8. There are no significant assets which were acquired during the course of the marriage. [3A PN.L.R. 761] CONCLUSION OF LAW Pursuant to 39 TTC sections 1 and 201, this Court has jurisdiction to grant divorce. The Court has heard representations by counsel and examined the stipulated petition for divorce and approved the same. Accordingly, it is ORDERED, ADJUDGED and DECREED as follows: 1. That a cause of divorce from bonds of marriage has been established, and the petitioner, Thomas E. Bryan, be and is hereby granted a decree of absolute divorce from the respondent, Anita N. Bryan, and the bonds of marriage between them be, and the same are hereby dissolved. 2. The petitioner shall pay $150.00 each month to the respondent as alimony for a period of two (2) years.