Holey nee Adrienne v Holey (139 of 2006) [2006] SCSC 34 (7 November 2006)

Holey nee Adrienne v Holey (139 of 2006) [2006] SCSC 34 (7 November 2006)

The court was satisfied that the marriage had irretrievably broken down, the parties had lived apart for over one year, and the respondent consented. Special reasons justified waiving the statutory waiting period for decree absolute.

Citation
[2006] SCSC 34
Parties
Petitioner: Priscilla Marie-Ange Holey nee Adrienne; Respondent: Michael Ralph Holey
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 November 2006
Case Number
139 of 2006
Procedural Posture
Divorce / Judgment
Outcome
divorce granted
Legal Topics
Divorce, Irretrievable Breakdown, Decree Absolute
Source Language
English
Family Law Divorce Irretrievable Breakdown Decree Absolute

Case Brief

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Parties

Priscilla Marie-Ange Holey nee Adrienne

Petitioner

Michael Ralph Holey

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 Whether the statutory period for decree absolute can be waived for special reasons

Ratio Decidendi

The court was satisfied that the marriage had irretrievably broken down, the parties had lived apart for over one year, and the respondent consented. Special reasons justified waiving the statutory waiting period for decree absolute.

Court Disposition

divorce granted

Orders

  • Conditional order for divorce entered
  • Decree absolute to be entered forthwith