JM v JM nee D (47 of 2006) (47 of 2006) [2007] SCSC 21 (27 February 2007)

JM v JM nee D (47 of 2006) (47 of 2006) [2007] SCSC 21 (27 February 2007)

The petitioner failed to establish that the respondent behaved in a way that he could not reasonably be expected to live with her; his separation was motivated by a relationship with another woman, not grave and weighty reasons attributable to the respondent.

Citation
[2007] SCSC 21
Parties
Petitioner: JM; Respondent: JM nee D
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 February 2007
Case Number
47 of 2006
Procedural Posture
Divorce / Judgment
Outcome
petition dismissed
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Unreasonable Behaviour
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Unreasonable Behaviour

Case Brief

Summary, issues, holding and outcome

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Parties

JM

Petitioner

JM nee D

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the respondent's behaviour constituted unreasonable refusal of sexual intercourse justifying dissolution of marriage
  2. 2 Whether the petitioner proved that he cannot reasonably be expected to live with the respondent

Ratio Decidendi

The petitioner failed to establish that the respondent behaved in a way that he could not reasonably be expected to live with her; his separation was motivated by a relationship with another woman, not grave and weighty reasons attributable to the respondent.

Court Disposition

petition dismissed

Orders

  • Petition dismissed with costs.