Lesperance v jaosily (82 of 2007) (82 of 2007) [2007] SCSC 28 (14 June 2007)

Lesperance v jaosily (82 of 2007) (82 of 2007) [2007] SCSC 28 (14 June 2007)

The respondent's conduct, including abandonment, theft, and communication of intent to divorce, constituted unreasonable behaviour and led to the irretrievable breakdown of the marriage, justifying dissolution.

Citation
[2007] SCSC 28
Parties
Petitioner: Pierre Vital Lesperance; Respondent: Afisa Francisea Lesperance née Jaosily
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 June 2007
Case Number
82 of 2007
Procedural Posture
Divorce / Judgment
Outcome
conditional order for divorce granted
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Unreasonable Behaviour, Service Dispensation
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Unreasonable Behaviour Service Dispensation

Case Brief

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Parties

Pierre Vital Lesperance

Petitioner

Afisa Francisea Lesperance née Jaosily

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounts to unreasonable behaviour justifying dissolution of marriage
  2. 2 Whether the marriage has broken down irretrievably
  3. 3 Whether service of petition can be dispensed with

Ratio Decidendi

The respondent's conduct, including abandonment, theft, and communication of intent to divorce, constituted unreasonable behaviour and led to the irretrievable breakdown of the marriage, justifying dissolution.

Court Disposition

conditional order for divorce granted

Orders

  • Conditional order for divorce entered; to be made absolute after six weeks from the date of judgment.