Cilliers v De Lange (MA 231 of 2021) [2022] SCSC 198 (7 March 2022)

Cilliers v De Lange (MA 231 of 2021) [2022] SCSC 198 (7 March 2022)

Dispensation of service of the divorce petition under Rule 7(4) should only be granted as a last resort, as it impacts the respondent's constitutional right to a fair hearing and the principle of natural justice. Since the petitioner and respondent have personal contact and other modes of service have not been...

Source-derived case information.

Citation
[2022] SCSC 198
Parties
Petitioner: Catherine Cilliers; Respondent: Adriaan De Lange
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 March 2022
Case Number
MA 231 of 2021
Procedural Posture
Divorce Petition / Ruling on Application to Dispense With Service
Outcome
Motion dismissed
Legal Topics
Divorce, Service of Process, Right to Fair Hearing, Natural Justice
Source Language
english
Family Law Civil Procedure Constitutional Law Divorce Service of Process Right to Fair Hearing Natural Justice

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Parties

Catherine Cilliers

Petitioner

Adriaan De Lange

Respondent

Procedural Posture

Divorce Petition / Ruling on Application to Dispense With Service

Legal Issues

  1. 1 Whether service of a divorce petition on the respondent can be dispensed with under Rule 7(4) of the Matrimonial Causes Rules
  2. 2 Whether dispensing with service infringes the respondent's right to a fair hearing under Article 19(7) of the Constitution

Ratio Decidendi

Dispensation of service of the divorce petition under Rule 7(4) should only be granted as a last resort, as it impacts the respondent's constitutional right to a fair hearing and the principle of natural justice. Since the petitioner and respondent have personal contact and other modes of service have not been exhausted, the motion to dispense with service is dismissed.

Court Disposition

Motion dismissed

Orders

  • Motion to dispense with service of the divorce petition on the respondent is dismissed for want of service.