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

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.

Citation: [2007] SCSC 31
Parties: Petitioner: WJA (Born N); Respondent: AFA
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 4 July 2007
Case Number: 62 of 1998
Procedural Posture: Divorce / Judgment
Outcome: conditional order for divorce granted
Legal Topics: Divorce, Desertion, Irretrievable Breakdown of Marriage, Child Custody
Source Language: English

Family Law Divorce Desertion Irretrievable Breakdown of Marriage Child Custody

Case Brief

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Parties

WJA (Born N)

Petitioner

AFA

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

1 Whether the respondent deserted the petitioner for a continuous period of at least two years
2 Whether the marriage has broken down irretrievably

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

Orders

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