Chetty v Chetty (84 of 2004) [2008] SCSC 27 (30 March 2008)

Chetty v Chetty (84 of 2004) [2008] SCSC 27 (30 March 2008)

Petitioner is entitled to 60% of the total value of matrimonial properties due to her greater financial contribution; an additional 20% is assigned to her for the maintenance of the handicapped daughter, a 'relevant child' under the Act. Respondent is entitled to 20%. Property adjustment orders are made accordingly,...

Source-derived case information.

Citation
[2008] SCSC 27
Parties
Petitioner: Carole Chetty née Emile; Respondent: Freddy Chetty
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 March 2008
Case Number
84 of 2004
Procedural Posture
Matrimonial Property Division / Final Judgment
Outcome
property adjustment order granted
Legal Topics
Matrimonial Property, Divorce, Maintenance of Handicapped Child, Property Adjustment Order
Source Language
english
Family Law Matrimonial Property Divorce Maintenance of Handicapped Child Property Adjustment Order

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Parties

Carole Chetty née Emile

Petitioner

Freddy Chetty

Respondent

Procedural Posture

Matrimonial Property Division / Final Judgment

Legal Issues

  1. 1 Entitlement to shares in matrimonial property after divorce
  2. 2 Definition of 'relevant child' under Matrimonial Causes Act
  3. 3 Maintenance and provision for handicapped adult child

Ratio Decidendi

Petitioner is entitled to 60% of the total value of matrimonial properties due to her greater financial contribution; an additional 20% is assigned to her for the maintenance of the handicapped daughter, a 'relevant child' under the Act. Respondent is entitled to 20%. Property adjustment orders are made accordingly, with mechanisms for transfer or sale if parties default.

Court Disposition

property adjustment order granted

Orders

  • Petitioner declared sole owner of parcel J2587 and house thereon; Land Registrar to register in her name.
  • Respondent declared sole owner of parcel J2586 (matrimonial home and garage) if he pays petitioner Rs 612,720 within four months; petitioner to transfer her interest upon payment.