Capet v Capet nee Betoko-Doo (69 of 2004 ) [2004] SCSC 20 (02 July 2004);

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

 

HGBFCT PETITIONER

VERSUS

CCT (Nee B-D) RESPONDENT

 

Divorce Side No 69 of 2004

 

 

Mr. J. Hodoul for the petitioner

Mr. F. Elizabeth for the respondent

 

JUDGMENT

 

B.Renaud

 

The Petitioner has petitioned this Court seeking dissolution of his marriage on the ground that the marriage has irretrievably broken down because the parties have lived apart for a continuous period of one year immediately preceding the presentation of this petition and the Respondent consents to the grant of the divorce.

 

The Petition was duly served on Respondent and she appeared in Court in person and represented by Counsel on the date fixed. The Petitioner moved for an amendment to the original petition and his application was granted. The Respondent signified that she was not defending the Petition as amended. Upon the application made by the Petitioner, the Court granted leave for the matter to be heard ex-parte.

 

The Petitioner testified that the parties have been residing in Seychelles since March 2003 and has been habitually resident in Seychelles since then. The parties were lawfully married in Paris, France on the 17th of April 2001 as per the marriage certificate produced. The Petitioner is a Conseiller de Cooperation de d’Action Culturelle in the French Embassy and the Respondent is a housewife. There are two children born of this marriage namely GN born on the 2nd of July, 2001 and HT born on the 26th December, 2002, as per birth certificates. The Petitioner AC born on the 26th December, 2002, as per birth certificates. The Petitioner further testified that the marriage has irretrievably broken down because he and the Respondent have lived separately and apart for a continuous period of over one year immediately prior to the filing of this petition. The Petitioner has not condoned the any behaviour of the Respondent which has led to the breakdown of the marriage. All attempts at reconciliation have failed. There has not been any previous matrimonial proceedings in respect of the marriage. The Respondent consents to the grant of divorce. At Minute of Consent dated 28th June, 2004 was produced.

 

On the basis of the evidence of the Petitioner, this Court is satisfied that the marriage has broken down irretrievably and there is no prospect of reconciliation. I hereby order the dissolution of the said marriage and grant a conditional order of divorce. There are minor children involved. The Registrar is directed to refer this matter to the Family Tribunal to determine on issues regarding the children of the marriage. This order will be made absolute upon the application of the Petitioner 6 weeks from today or after determination by the Family Tribunal, whichever is the earlier.

 

……………………

B.RENAUD

JUDGE

Dated this 2nd day of July 2004