J.M v N.M (DV 148/2016) [2018] SCSC 8174 (27 May 2018)

J.M v N.M (DV 148/2016) [2018] SCSC 8174 (27 May 2018)

The petitioner failed to prove, on a balance of probabilities, that the respondent behaved in a way that she could not reasonably be expected to live with him, and failed to provide evidence of attempted reconciliation as required by law. The petition was therefore dismissed.

Citation
[2018] SCSC 8174
Parties
Petitioner: J. M. (nee A); Respondent: N. M.
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 May 2018
Case Number
DV 148/2016
Procedural Posture
Divorce Petition / Judgment on Merits
Outcome
Petition dismissed with costs to the respondent.
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Burden of Proof, Reconciliation, Pleadings
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Burden of Proof Reconciliation Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

J. M. (nee A)

Petitioner

N. M.

Respondent

Procedural Posture

Divorce Petition / Judgment on Merits

Legal Issues

  1. 1 Whether the petitioner proved that the respondent behaved in a way that the petitioner cannot reasonably be expected to live with him under section 4(1)(b) of the Matrimonial Causes Act
  2. 2 Whether there was evidence of attempted reconciliation as required by section 5 of the Act

Ratio Decidendi

The petitioner failed to prove, on a balance of probabilities, that the respondent behaved in a way that she could not reasonably be expected to live with him, and failed to provide evidence of attempted reconciliation as required by law. The petition was therefore dismissed.

Court Disposition

Petition dismissed with costs to the respondent.

Orders

  • Petition dismissed
  • Costs awarded to the respondent