Cassime v Cassime [2023] SCSC 229 (28 March 2023)

Cassime v Cassime [2023] SCSC 229 (28 March 2023)

The petitioner provided an uncontroverted affidavit accounting for the delay in applying for the decree absolute, satisfying the requirements of Rule 31(1) of the Matrimonial Causes Rules, and is therefore granted leave to file the notice of application.

Citation
[2023] SCSC 229
Parties
Petitioner: Shannon, Meryona, Annie Cassime born Lesperance; Respondent: Elvyn, Jonathan, Marcus, Cassime
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 March 2023
Procedural Posture
Divorce Petition / Application for Leave to File Notice for Decree Absolute After Lapse of Statutory Period
Outcome
application granted
Legal Topics
Divorce, Decree Nisi, Decree Absolute, Extension of Time
Source Language
English
Family Law Divorce Decree Nisi Decree Absolute Extension of Time

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Parties

Shannon, Meryona, Annie Cassime born Lesperance

Petitioner

Elvyn, Jonathan, Marcus, Cassime

Respondent

Procedural Posture

Divorce Petition / Application for Leave to File Notice for Decree Absolute After Lapse of Statutory Period

Legal Issues

  1. 1 Whether the petitioner should be granted leave to file notice of application for decree absolute after expiry of statutory period

Ratio Decidendi

The petitioner provided an uncontroverted affidavit accounting for the delay in applying for the decree absolute, satisfying the requirements of Rule 31(1) of the Matrimonial Causes Rules, and is therefore granted leave to file the notice of application.

Court Disposition

application granted

Orders

  • Petitioner granted leave to lodge notice of application for the conditional order of divorce made on 25th June 2021 to be made absolute