Desaubin v Desaubin (DC32/2020) [2021] SCSC 1023 (21 October 2021)

Jurisdiction
Seychelles
Citation
Desaubin v Desaubin (DC32/2020) [2021] SCSC 1023 (21 October 2021)
Media Neutral Citation
[2021] SCSC 1023
Court
Supreme Court
Case number
DC32/2020
Attorneys
C. Lucas,
Judges
Dodin, J
Judgment date
21 October 2021
Language
English
Type
Judgment
Download
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Case summary
Divorce – uncontested – separation of more than 1 year – consent.

SUPREME COURT OF SEYCHELLES


Reportable

[2021] SCSC 723

DC 32/2020


In the matter between:

LEONIE DESAUBIN NEE RAZARA Petitioner

(Present / Represented by Mr John Renaud)


and


JONATHAS FELIX DESAUBIN Respondent

(Present / Represented by Mr Charles Lucas)


Neutral Citation: Desaubin vs Desaubin (DC 32/2020) [2021] SCSC 723 (14 October 2021)

Before: G. Dodin, Judge

Summary: Divorce – uncontested – separation of more than 1 year – consent.

Heard: 14th October 2021

Delivered: 14th October 2021



JUDGMENT

G. DODIN, J



  1. The Petitioner Leonie Desaubin nee Razara a Malagasy national was married to the Respondent Jonathas, Felix Desaubin a Seychellois national, in Seychelles on the 3rd of October 2013.

  2. There is one child born of the marriage namely;

  1. Johan Johny Desaubin born on the 18th of February 2015.

  1. During the course of their marriage the parties have lived together at Anse Forbans, Takamaka, Mahe.

  2. For the duration of their marriage they have both been domiciled in Seychelles.

  3. And the Petitioner maintains that for a period of more than one year prior to the presentation of this petition they have been living separately and apart under separate household although in the same building.

  4. The Respondent has consented to the grant of the divorce and has indeed filed a consent maintaining that they have been living separately and apart for a period of more than one year prior to the presentation of this petition.

  5. There has been no other proceedings in any court in Seychelles or elsewhere.

  6. I have heard the uncontroverted evidence of the Petitioner. I am satisfied that the averments of the Petitioner are true and that there is no possibility of reconciliation between the parties.

  7. I therefore grant a Conditional Order of Divorce in favour of the Petitioner which Order shall be made absolute at the expiration of six weeks from today provided there is an Order of the Family Tribunal with respect to the maintenance and custody of the minor child Johan Johny Desaubin.


Signed, dated and delivered at Ile du Port on 14th October 2021.




____________

G. Dodin, J



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