Souffe v Souffe (56 of 2007) [2007] SCSC 110 (25 October 2007);

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IN THE SUPREME COURT OF SEYCHELLES

 

MRS. LUCIE MECHTILDE SOUFFE nee CEDRAS …...............................Petitioner

 

VS.

 

MR. GABRIEL SELWYN SOUFFE …........................................................Respondent

 

Divorce Side No. 56 of 2007

 

 

Mr. Ally for the Petitioner

 

JUDGMENT

 

Gaswaga, J

 

The Petitioner in this matter, Mrs. Lucie Souffe, has applied to this Court for the dissolution of her marriage with the Respondent, Mr. Gabriel Souffe on the ground that the marriage has irretrievably broken down in that the parties have been living separate and apart for a period of more than one year immediately preceeding the presentation of this petition and the Respondent consents to the grant of the divorce as per Exhibit P3 being the signed consent.

 

In this action the Petitioner testified that she was lawfully married to the Respondent on the 22nd April, 1995 at Victoria, Mahe, Seychelles as per Exhibit P1 being marriage certificate and that the parties co-habited in Seychelles after the said marriage. There is one child born of the said marriage namely Sophia Anielle Souffe born on the 7th September, 1995 as per Exhibit P2 being the birth certificate. Both parties are Seychellois nationals, resident and domiciled in Seychelles. The Petitioner has categorically testified that all attempts at reconciliation have failed and that there have been no previous matrimonial proceeding in respect of this marriage in any court in or outside Seychelles.

 

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 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 which will be made absolute after the Family Tribunal entertains the issue of the relevant child.

 

 

 

D. GASWAGA

JUDGE

Dated this 26th day of October, 2007.