WJM v AFA (62 of 1998) [2007] SCSC 31 (4 July 2007)
- Citation
- [2007] SCSC 31
- Status
- Judgment
- Jurisdiction
- Seychelles
- Court
- Supreme Court
- Posture
- Divorce / Judgment
- Case number
- 62 of 1998
- Language
- English
More details
- Court
- Supreme Court
- Posture
- Divorce / Judgment
- Case number
- 62 of 1998
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. LucasAFA
RespondentAmounts and remedies
- Duration of Desertion (years): 11
03
Procedural history
Posture
Divorce / Judgment
04
Questions and positions
Legal issues
- 01
Whether the respondent deserted the petitioner for a continuous period of at least two years
- 02
Whether the marriage has broken down irretrievably
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court
Judgment
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
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.