HJ v LJ (143 of 2010) [2010] SCSC 117 (18 November 2010)

The marriage has irretrievably broken down as evidenced by the parties living separate and apart for over one year and the absence of any possibility of reconciliation.

Citation: [2010] SCSC 117
Parties: Petitioner: Hanifa Jihaad; Respondent: Lymaan Jihaad
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 18 November 2010
Case Number: 143 of 2010
Procedural Posture: Divorce / Judgment
Outcome: conditional order of divorce granted
Legal Topics: Divorce, Irretrievable Breakdown, Child Custody
Source Language: English

Family Law Divorce Irretrievable Breakdown Child Custody

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Parties

Hanifa Jihaad

Petitioner

Lymaan Jihaad

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

1 Whether the marriage has irretrievably broken down
2 Whether the parties have lived separate and apart for over one year
3 Whether reconciliation is possible

Ratio Decidendi

The marriage has irretrievably broken down as evidenced by the parties living separate and apart for over one year and the absence of any possibility of reconciliation.

Court Disposition

conditional order of divorce granted

Orders

Marriage dissolved
Conditional order of divorce to be made absolute six weeks from judgment or after Family Tribunal addresses child issues