Lilly P. Miralles v. Rey C.M(1989)

POHNPEI LAW REPORTS

VOL. 3A

[3A PN.L.R. 762]

LILLY P. MIRALLES,

Petitioner

REY C. MIRALLES,

Respondent

Pohnpei Civil Action No. 224-89

Trial Division of the Pohnpei Supreme Court

November 28, 1989

Petition for the dissolution of marriage between the petitioner and the respondent, both of whom were of Philippines nationality and were residents of Pohnpei. The parties were married on August 14,1986, at the Pohnpei Supreme Court, but on or about March 27, 1987 the respondent deserted the petitioner and left for the Philippines, thus being continuously separated for over two years without cohabitation as husband and wife. The respondent consented to the dissolution of the marriage.

The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held (1) that though the respondent was outside the jurisdiction of Pohnpei, the Court was competent, by virtue of 39 TTC 101, to grant a divorce in the matter inasmuch as the petitioner was resident and had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of her marriage to the respondent; and (2) that by reason of the willful desertion of the petitioner by the respondent for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and the agreement of the parties to "separate/divorce", the marriage of the parties had broken down beyond reconciliation, and that a judicial divorce as requested by the petitioner should be granted.

[3A PN.L.R. 763]

1. Domestic Relations - Husband and Wife - Divorce - Courts Jurisdiction

Where a party to the dissolution of a marriage legally entered into in Pohnpei is outside the jurisdiction of Pohnpei, but the other party is resident and had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of the marriage the Court is competent to grant a divorce (39 TTC 101).

2. Domestic Relations - Husband and Wife - Divorce - Grounds for Grant of Judicial Divorce

The willful desertion by a party to a marriage for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and an agreement of the parties to "separate/divorce" are circumstances that show that the marriage has broken down beyond reconciliation in order to warrant the grant of a judicial divorce under 39 TTC 201.

EDWEL H. SANTOS, Chief Justice.

This is a matrimonial cause brought by the petitioner, Lily Miralles, requesting the Court to dissolve the marriage between her and the respondent, Rey C. Miralles. The respondent gives his consent to the petitioner's request.

The petitioner alleges that:

1. this Court has jurisdiction over this matter by virtue of

[3A PN.L.R. 764]

39 TTC Sec 1-2;

2. she and the respondent both of Philippines nationality became residents of Pohnpei for the purpose of employment, but the respondent later returned to the Philippines;

3. the petitioner and the respondent were legally married on August 14,1986, at the Pohnpei Supreme Court, by Associate Justice Carl Kohler;

4. on or about March 27, 1987, the respondent deserted the petitioner and left for the Philippines, thus the couple have been continuously separated for over two years without cohabitation as husband and wife;

5. there is no issue of the marriage, nor any joint property in contest;

6. the petitioner seeks no alimony;

7. the petitioner seeks to change her name to Pantalunan.

Though the respondent is now outside the jurisdiction of Pohnpei, this Court is competent, by virtue of 39 TTC 101, to grant a divorce in this matter in as much as the petitioner is a resident and

[3A PN.L.R. 765]

had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of her marriage to the respondent.

This Court finds that the allegations in the petitioner's complaint are uncontroverted by the respondent, who has been duly served with notice of the complaint, and who on the other hand has agreed with the petitioner on their own free will to "separate/ divorce".

Accordingly, it is the conclusion of this Court that by reason of the willful desertion of the petitioner by the respondent for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and the agreement of the parties to "separate/divorce", the marriage of the parties has broken down beyond reconciliation, and that a judicial divorce as requested by the petitioner should be granted (39 TTC 201).

It is therefore ORDERED, ADJUDGED and DECREED that;

[3A PN.L.R. 766]

1. The bond of marriage between LILY MIRALLES and REY C. MIRALLES be and is hereby dissolved and the petitioner is granted leave to divorce the respondent.

2. The petitioner seeks none and by this Order is .not awarded any alimony.

3. No party is entitled to claim any interest in any community property there being none during marriage.

4. The petitioner's plea to change her name to PANTALUNAN be and is hereby granted, and she shall accordingly be now known as LILY PANTALUNAN.

5. Unless appealed, this decree becomes absolute 30 days hereafter.

So ORDERED this 28th day of November, 1989.


	POHNPEI LAW REPORTS VOL. 3A [3A PN.L.R. 762] LILLY P. MIRALLES, Petitioner v. REY C. MIRALLES, Respondent Pohnpei Civil Action No. 224-89 Trial Division of the Pohnpei Supreme Court November 28, 1989 Petition for the dissolution of marriage between the petitioner and the respondent, both of whom were of Philippines nationality and were residents of Pohnpei. The parties were married on August 14,1986, at the Pohnpei Supreme Court, but on or about March 27, 1987 the respondent deserted the petitioner and left for the Philippines, thus being continuously separated for over two years without cohabitation as husband and wife. The respondent consented to the dissolution of the marriage. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held (1) that though the respondent was outside the jurisdiction of Pohnpei, the Court was competent, by virtue of 39 TTC 101, to grant a divorce in the matter inasmuch as the petitioner was resident and had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of her marriage to the respondent; and (2) that by reason of the willful desertion of the petitioner by the respondent for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and the agreement of the parties to "separate/divorce", the marriage of the parties had broken down beyond reconciliation, and that a judicial divorce as requested by the petitioner should be granted. [3A PN.L.R. 763] 1. Domestic Relations - Husband and Wife - Divorce - Courts Jurisdiction Where a party to the dissolution of a marriage legally entered into in Pohnpei is outside the jurisdiction of Pohnpei, but the other party is resident and had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of the marriage the Court is competent to grant a divorce (39 TTC 101). 2. Domestic Relations - Husband and Wife - Divorce - Grounds for Grant of Judicial Divorce The willful desertion by a party to a marriage for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and an agreement of the parties to "separate/divorce" are circumstances that show that the marriage has broken down beyond reconciliation in order to warrant the grant of a judicial divorce under 39 TTC 201. EDWEL H. SANTOS, Chief Justice. This is a matrimonial cause brought by the petitioner, Lily Miralles, requesting the Court to dissolve the marriage between her and the respondent, Rey C. Miralles. The respondent gives his consent to the petitioner's request. The petitioner alleges that: 1. this Court has jurisdiction over this matter by virtue of [3A PN.L.R. 764] 39 TTC Sec 1-2; 2. she and the respondent both of Philippines nationality became residents of Pohnpei for the purpose of employment, but the respondent later returned to the Philippines; 3. the petitioner and the respondent were legally married on August 14,1986, at the Pohnpei Supreme Court, by Associate Justice Carl Kohler; 4. on or about March 27, 1987, the respondent deserted the petitioner and left for the Philippines, thus the couple have been continuously separated for over two years without cohabitation as husband and wife; 5. there is no issue of the marriage, nor any joint property in contest; 6. the petitioner seeks no alimony; 7. the petitioner seeks to change her name to Pantalunan. Though the respondent is now outside the jurisdiction of Pohnpei, this Court is competent, by virtue of 39 TTC 101, to grant a divorce in this matter in as much as the petitioner is a resident and [3A PN.L.R. 765] had resided in Pohnpei for three months immediately prior to the filing of her complaint for the dissolution of her marriage to the respondent. This Court finds that the allegations in the petitioner's complaint are uncontroverted by the respondent, who has been duly served with notice of the complaint, and who on the other hand has agreed with the petitioner on their own free will to "separate/ divorce". Accordingly, it is the conclusion of this Court that by reason of the willful desertion of the petitioner by the respondent for a continued period of over one year, the separation of the parties for over two consecutive years without cohabitation as husband and wife, and the agreement of the parties to "separate/divorce", the marriage of the parties has broken down beyond reconciliation, and that a judicial divorce as requested by the petitioner should be granted (39 TTC 201). It is therefore ORDERED, ADJUDGED and DECREED that; [3A PN.L.R. 766] 1. The bond of marriage between LILY MIRALLES and REY C. MIRALLES be and is hereby dissolved and the petitioner is granted leave to divorce the respondent. 2. The petitioner seeks none and by this Order is .not awarded any alimony. 3. No party is entitled to claim any interest in any community property there being none during marriage. 4. The petitioner's plea to change her name to PANTALUNAN be and is hereby granted, and she shall accordingly be now known as LILY PANTALUNAN. 5. Unless appealed, this decree becomes absolute 30 days hereafter. So ORDERED this 28th day of November, 1989.