Chetty vs Chetty (DC 76.2014) [2014] SCSC 342 (18 September 2014)

The uncontroverted evidence established that the marriage had irretrievably broken down and the parties had lived apart for more than one year, justifying dissolution of the marriage.

Citation: [2014] SCSC 342
Parties: Petitioner: Marie-Claire Chetty nee Damoo; Respondent: Kisnan John Chetty
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 18 September 2014
Case Number: DC 76.2014
Procedural Posture: Divorce Petition / Judgment
Outcome: petition granted; marriage dissolved
Legal Topics: Divorce, Irretrievable Breakdown of Marriage, Ex Parte Hearing
Source Language: English

Family Law Divorce Irretrievable Breakdown of Marriage Ex Parte Hearing

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 1 Party arguments 2

Parties

Marie-Claire Chetty nee Damoo

Petitioner

Kisnan John Chetty

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

1 Whether the marriage has irretrievably broken down
2 Whether the parties have lived apart for more than one year
3 Whether a conditional order of divorce should be granted

Ratio Decidendi

The uncontroverted evidence established that the marriage had irretrievably broken down and the parties had lived apart for more than one year, justifying dissolution of the marriage.

Court Disposition

petition granted; marriage dissolved

Orders

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