Seychelles Judgment

Supreme Court

WJM v AFA (62 of 1998) [2007] SCSC 31 (4 July 2007)

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Professional case brief

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Source document

01

Holding and result

The court found that the respondent deserted the petitioner for over two years and that the marriage had broken down irretrievably, justifying the grant of a conditional order for divorce.

Court disposition

conditional order for divorce granted

Orders

  • Conditional order for divorce entered
  • Order to be made absolute after Family Tribunal determines care, custody, and maintenance of the minor child

02

Material facts

Parties

WJA (Born N)

Petitioner Counsel: Mr. W. Lucas

AFA

Respondent

Amounts and remedies

  • Duration of Desertion (years): 11

03

Procedural history

  1. Posture

    Divorce / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The respondent deserted the petitioner 11 years ago and has not returned, resulting in an irretrievable breakdown of the marriage with no hope of reconciliation.
Respondent
The respondent did not appear or file any argument.

05

Court’s reasoning

  1. 01

    divorce law

    A marriage may be dissolved if one party has deserted the other for a continuous period of at least two years and the marriage has broken down irretrievably.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the respondent deserted the petitioner for over two years and that the marriage had broken down irretrievably, justifying the grant of a conditional order for divorce.

Court disposition

conditional order for divorce granted

  • Conditional order for divorce entered
  • Order to be made absolute after Family Tribunal determines care, custody, and maintenance of the minor child

Source and reliance status

Supreme Court

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Judgment text

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Source document

Supreme Court

Judgment

[2007] SCSC 31

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

IN THE SUPREME COURT OF SEYCHELLES WJA (BORN N) PETITIONER

VERSUS

AFA

RESPONDENT Divorce Side No 62 of 1998 Mr. W. Lucas for the Petitioner Perera J

JUDGMENT The petitioner seeks a dissolution of her marriage on the ground that the respondent has deserted her for a continuious period of at least two years immediately preceding the presentation of this petition, and that consequently the marriage has broken down irretrievably. The parties were lawfully married on 3rd August 1993. There is one child born of the marriage, namely LR, born on 22nd May 1996. The Respondent, who was duly served with notice, defaulted appearance, and hence the case was heard exparte. The Petitioner testified that the Respondent deserted her 11 years ago and that he has not returned thereafter. In these circumstances, she stated that the marriage has broken down irretrievably and that there is now no hope of reconciliation. The Court being satisfied that the marriage between the parties has broken down irretrievably with no hope of reconciliation, hereby enters a conditional order for divorce. This order shall be made absolute after the Family Tribunal makes an order regarding the care, custody and maintenance of the minor child. ………………………….. A. R. PERERA

JUDGE Dated this 5th day of July 2007

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