Marcel vs Marcel (DC 44.2014) [2014] SCSC 271 (24 July 2014)

Marcel vs Marcel (DC 44.2014) [2014] SCSC 271 (24 July 2014)

The marriage was dissolved because the petitioner proved on a balance of probabilities that the marriage had irretrievably broken down due to the respondent's unreasonable behaviour and cruelty, and there was no possibility of reconciliation.

Citation
[2014] SCSC 271
Parties
Petitioner: Manuella Petula Marcel (born Jupiter); Respondent: Kenneth Steven Marcel
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 July 2014
Case Number
DC 44.2014
Procedural Posture
Divorce Petition / Judgment
Outcome
conditional order of divorce granted
Legal Topics
Divorce, Irretrievable Breakdown, Unreasonable Behaviour, Cruelty
Source Language
English
Family Law Divorce Irretrievable Breakdown Unreasonable Behaviour Cruelty

Case Brief

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Parties

Manuella Petula Marcel (born Jupiter)

Petitioner

Kenneth Steven Marcel

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down due to unreasonable behaviour and cruelty by the respondent
  2. 2 Whether a dissolution of marriage should be granted

Ratio Decidendi

The marriage was dissolved because the petitioner proved on a balance of probabilities that the marriage had irretrievably broken down due to the respondent's unreasonable behaviour and cruelty, and there was no possibility of reconciliation.

Court Disposition

conditional order of divorce granted

Orders

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