JWH v RH nee C (2 of 2005) [2005] SCSC 45 (31 July 2005)

JWH v RH nee C (2 of 2005) [2005] SCSC 45 (31 July 2005)

The marriage was found to have irretrievably broken down due to the respondent's conduct, and satisfactory arrangements for the minor child were in place via an interim order from the Magistrate’s Court of Guernsey, justifying the grant of a conditional order of divorce to be made absolute after six weeks.

Citation
[2005] SCSC 45
Parties
Petitioner: JWH; Respondent: RH nee C
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
31 July 2005
Case Number
2 of 2005
Procedural Posture
Divorce / Judgment
Outcome
conditional order of divorce granted, to be made absolute after six weeks
Legal Topics
Divorce, Custody, Maintenance, Forum Non Conveniens
Source Language
English
Family Law Divorce Custody Maintenance Forum Non Conveniens

Case Brief

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Parties

JWH

Petitioner

RH nee C

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under Section 4(1)(b) of the Matrimonial Causes Act
  2. 2 Whether arrangements for the minor child's welfare satisfy Section 6(6) of the Matrimonial Causes Act

Ratio Decidendi

The marriage was found to have irretrievably broken down due to the respondent's conduct, and satisfactory arrangements for the minor child were in place via an interim order from the Magistrate’s Court of Guernsey, justifying the grant of a conditional order of divorce to be made absolute after six weeks.

Court Disposition

conditional order of divorce granted, to be made absolute after six weeks

Orders

  • Conditional order of divorce entered pursuant to Section 6(1) of the Matrimonial Causes Act
  • Order to make conditional order absolute after six weeks