IP v LP (145 of 2005) [2006] SCSC 55 (26 July 2006)

IP v LP (145 of 2005) [2006] SCSC 55 (26 July 2006)

The marriage has irretrievably broken down with no possibility of reconciliation, as evidenced by the parties living apart for more than one year and the Respondent's consent to divorce.

Citation
[2006] SCSC 55
Parties
Petitioner: I P; Respondent: L P
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 July 2006
Case Number
145 of 2005
Procedural Posture
Divorce Petition / Order on Petition
Outcome
Conditional order of divorce granted; petition allowed
Legal Topics
Divorce, Irretrievable Breakdown of Marriage
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage

Case Brief

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Parties

I P

Petitioner

L P

Respondent

Procedural Posture

Divorce Petition / Order on Petition

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 Whether the parties have lived apart for more than one year
  3. 3 Whether the Respondent consents to the divorce

Ratio Decidendi

The marriage has irretrievably broken down with no possibility of reconciliation, as evidenced by the parties living apart for more than one year and the Respondent's consent to divorce.

Court Disposition

Conditional order of divorce granted; petition allowed

Orders

  • Marriage dissolved
  • Conditional order of divorce granted, to be made absolute after six weeks