WJM v AFA (62 of 1998) [2007] SCSC 31 (4 July 2007)


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


WJA (BORN N) PETITIONER


VERSUS


AFA RESPONDENT


Divorce Side No 62 of 1998


Mr. W. Lucas for the Petitioner

JUDGMENT

Perera J

The petitioner seeks a dissolution of her marriage on the ground that the respondent has deserted her for a continuious period of at least two years immediately preceding the presentation of this petition, and that consequently the marriage has broken down irretrievably.


The parties were lawfully married on 3rd August 1993. There is one child born of the marriage, namely LR, born on 22nd May 1996.


The Respondent, who was duly served with notice, defaulted appearance, and hence the case was heard exparte.


The Petitioner testified that the Respondent deserted her 11 years ago and that he has not returned thereafter. In these circumstances, she stated that the marriage has broken down irretrievably and that there is now no hope of reconciliation.


The Court being satisfied that the marriage between the parties has broken down irretrievably with no hope of reconciliation, hereby enters a conditional order for divorce. This order shall be made absolute after the Family Tribunal makes an order regarding the care, custody and maintenance of the minor child.

…………………………..

A.R. PERERA

JUDGE

Dated this 5th day of July 2007


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