RPB vDB Nee J (42 of 2006) [2006] SCSC 63 (01 October 2006);

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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

 

R P B................................................................................................Petitioner

 

VS.

 

D B nee J.........................................................................................Respondent

 

Divorce Side No. 42 of 2006

 

Petitioner – Self-represented

 

ORDER

 

 

R P B, the Petitioner in this matter, has applied to this court for the dissolution of his marriage on the grounds that the marriage has irretrievably broken down as he and his wife have lived apart for a continuous period of more than thirty two years prior to the presentation of this petition.

 

In his action the Petitioner testified that he was lawfully married to the Respondent at the Civil Status Office, Victoria, Mahe, Seychelles on the 22nd February, 1973 as per Exhibit P1 being the marriage certificate. Both parties are domiciled and resident in Seychelles and after the marriage they cohabited at Anse Aux Pins. There are two children born of the said marriage and they are both of age. The Petitioner is a Police Officer and the Respondent is the District Administrator at Anse Aux Pins, Mahe, Seychelles. The Petitioner has categorically testified that all attempts at reconciliation have not been successful. There has been no previous proceeding in the Court of Seychelles regarding the said marriage. Hence, the Petitioner has sought this court for the dissolution of the marriage and for a decree of divorce.

 

On the strength of the uncontroverted evidence adduced by the Petitioner in this matter, I am satisfied more than on a balance of probability that the marriage in question has irretrievably broken down with no possibility of reconciliation. I therefore find that it is just and necessary for the marriage to be dissolved.

 

Therefore, I hereby dissolve the marriage of the parties and grant a conditional order of divorce for now which can be made absolute after a period of six weeks from the date thereof. The petition is granted accordingly.

 

 

 

 

D. GASWAGA

JUDGE

Dated this 2nd day of October, 2006