L (nee R) v L (133 of 2004) [2005] SCSC 37 (8 June 2005)

L (nee R) v L (133 of 2004) [2005] SCSC 37 (8 June 2005)

The uncontradicted evidence established that the marriage has irretrievably broken down due to the Respondent's desertion for over two years and continuous separation, justifying the grant of a conditional order of divorce.

Citation
[2005] SCSC 37
Parties
Petitioner: DTL (nee R); Respondent: RL
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
8 June 2005
Case Number
133 of 2004
Procedural Posture
Divorce / Judgment
Outcome
conditional order of divorce granted
Legal Topics
Divorce, Irretrievable Breakdown, Desertion, Non Cohabitation, Child Welfare
Source Language
English
Family Law Divorce Irretrievable Breakdown Desertion Non Cohabitation Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

DTL (nee R)

Petitioner

RL

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under the law
  2. 2 Whether the Respondent deserted the matrimonial home for the requisite period
  3. 3 Whether the Petitioner is entitled to a divorce

Ratio Decidendi

The uncontradicted evidence established that the marriage has irretrievably broken down due to the Respondent's desertion for over two years and continuous separation, justifying the grant of a conditional order of divorce.

Court Disposition

conditional order of divorce granted

Orders

  • Marriage dissolved and conditional order of divorce granted
  • Order may be made absolute upon application by Petitioner six weeks from judgment