Holey nee Adrienne v Holey (139 of 2006) [2006] SCSC 34 (07 November 2006);

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IN THE SUPREME COURT OF SEYCHELLES

 

PRISCILLA MARIE-ANGE HOLEY NEE ADRIENNE PETITIONER

 

VERSUS

 

MICHAEL RALPH HOLEY RESPONDENT

 

Divorce Side No 139 of 2006

 

Mr. F. Bonte for the Petitioner

 

JUDGMENT

Perera J

The petitioner seeks a dissolution of her marriage on the ground that she and the respondent have lived apart for a period of over one year immediately preceding the presentation of this petition and that the respondent consents to the granting of divorce.

 

The parties were lawfully married on 21st January 2000. There are no children born of the said marriage. It is averred that while the petitioner is a Seychellois, the respondent is a South African National.

 

The petitioner testified that she and the respondent had been living separately for over one year, and produced a minute of consent wherein the respondent had consented to the granting of the divorce.

 

Accordingly, the Court being satisfied on the basis of the evidence of the petitioner, that the marriage has broken down irretrievably, and that there is now no hope of reconciliation, hereby enters a conditional order for divorce. It has been averred in an affidavit by the petitioner, that she has to leave for Switzerland shortly. Learned Counsel for the petitioner moved under Section 6(3) of the Matrimonial Causes Act for the entering of decree absolute before the six weeks period specified in the Act, on the basis of the special reason adduced. In these circumstances, Court directs that the decree absolute be entered forthwith.

 

 

…………………….

A.R. PERERA

JUDGE

Dated this 8th day of November 2006