Ex Parte: Savita Monia Andoise (24 Of 2011) [2011] SCSC 30 (2 May 2011)

Ex Parte: Savita Monia Andoise (24 Of 2011) [2011] SCSC 30 (2 May 2011)

The applicant provided sufficient explanation for the delay in registration, but is liable to pay a fine under Section 31(3) of the Civil Status Act. The father's name cannot be entered without his formal consent as required by Section 35.

Citation
[2011] SCSC 30
Parties
Applicant: Savita Monia Andoise
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 May 2011
Case Number
24 Of 2011
Procedural Posture
Civil Application / Ruling
Outcome
Application allowed subject to payment of fine
Legal Topics
Late Birth Registration, Registration of Births, Parental Consent for Registration
Source Language
English
Civil Status Family Law Late Birth Registration Registration of Births Parental Consent for Registration

Case Brief

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Parties

Savita Monia Andoise

Applicant

Procedural Posture

Civil Application / Ruling

Legal Issues

  1. 1 Whether the applicant can register the birth of her children after the statutory period has lapsed
  2. 2 Whether the father's name can be entered without his written consent
  3. 3 Whether the applicant is liable to pay a fine for late registration

Ratio Decidendi

The applicant provided sufficient explanation for the delay in registration, but is liable to pay a fine under Section 31(3) of the Civil Status Act. The father's name cannot be entered without his formal consent as required by Section 35.

Court Disposition

Application allowed subject to payment of fine

Orders

  • Applicant to pay a fine of SR100.00 for late registration before lodging application for registration of births
  • Chief Officer of Civil Status to register the births upon payment of fine