Hoareau v Hoareau (9 of 2008) [2008] SCSC 65 (14 February 2008);

Flynote: 
Download: 

2

 

IN THE SUPREME COURT OF SEYCHELLES

 

MRS. MARIE-PAUL HOAREAU born POOL Petitioner

 

VS.

 

MR. GUY ROBERT DENIS HOAREAU Respondent

 

Divorce Side No. 9 of 2008

 

 

Petitioner – In person

 

JUDGMENT

 

Gaswaga, J

 

The Petitioner in this matter, Mrs. Marie-Paul Hoareau, has applied to this Court for the dissolution of her marriage with the Respondent, Mr. Guy Hoareau on the ground that the parties have lived separate and apart for a continuous period of more than one year immediately preceding the presentation of this petition.

 

In this action the Petitioner testified that she was lawfully married to the Respondent on the 31st January, 1975 at Beau-Vallon, Mahe, Seychelles as per Exhibit P1 being marriage certificate. There are six children born of the said marriage and they are all of age. Both parties are Seychellois nationals, resident and domiciled in Seychelles. The Petitioner also avers that after the marriage the parties co-habited at Anse Aux Pins, Mahe, Seychelles.

 

The Petitioner has categorically testified that both she and the Respondent are unemployed and that there have been no previous proceedings in respect of this marriage in any court in Seychelles. The Petitioner has further testified that all attempts at reconciliation have failed and that the marriage has irretrievably broken down and all attempts of reconciliation have failed. The court also takes note of a consent signed by the Respondent attached to the petition filed on record by the Petitioner.

 

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 according to law.

 

 

 

 

D. GASWAGA

JUDGE

Dated this 15th day of February, 2008.