Thomas v Thomas (34 of 2005) [2008] SCSC 74 (30 March 2008)

Thomas v Thomas (34 of 2005) [2008] SCSC 74 (30 March 2008)

The uncontroverted evidence shows the marriage has irretrievably broken down with no possibility of reconciliation, justifying dissolution.

Citation
[2008] SCSC 74
Parties
Petitioner: Mrs. Greta Thomas nee Marcel; Respondent: Mr. James Allen Thomas
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 March 2008
Case Number
34 of 2005
Procedural Posture
Divorce / Judgment
Outcome
conditional order of divorce granted
Legal Topics
Divorce, Irretrievable Breakdown of Marriage, Separation
Source Language
English
Family Law Divorce Irretrievable Breakdown of Marriage Separation

Case Brief

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Parties

Mrs. Greta Thomas nee Marcel

Petitioner

Mr. James Allen Thomas

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 Whether the parties have lived separate and apart for more than one year
  3. 3 Whether the Respondent's behavior justifies dissolution of marriage

Ratio Decidendi

The uncontroverted evidence shows the marriage has irretrievably broken down with no possibility of reconciliation, justifying dissolution.

Court Disposition

conditional order of divorce granted

Orders

  • Marriage dissolved
  • Conditional order of divorce to be made absolute after Family Tribunal entertains issues of the children