Freminot v Freminot (80 of 2008) [2008] SCSC 94 (22 July 2008);

Download: 

1


 

IN THE SUPREME COURT OF SEYCHELLES

 

MR. STEVENS FREMINOT …........................................................................Petitioner

 

VS.

 

MRS. IRENE IMELDA FREMINOT born JULIUS …..............................Respondent

 

Divorce Side No. 80 of 2008

 

 

Petitioner in person

 

JUDGMENT

 

Gaswaga, J

 

The Petitioner in this matter, Mr. Stevens Freminot, has applied to this Court for the dissolution of his marriage with the Respondent, Mrs. Irene Freminot nee Julius on the ground that he and the Respondent have lived separate and apart for a continuous period of more than one year immediately preceding the presentation of this petition and the Respondent has consented to the divorce (as per the consent attached to the petition).

 

In this matter the Petitioner testified that he was lawfully married to the Respondent on the 10th June, 1997 at Victoria, Mahe, Seychelles as per Exhibit P1 being the marriage certificate and that there are no children born of the said marriage. Both parties are Seychellois nationals, resident and domiciled in Seychelles. The Petitioner has averred that there have been no previous matrimonial proceedings in respect of this marriage in any court in Seychelles and that all attempts at reconciliation have failed. The Petitioner has further averred that there is no cordial and talking terms between himself and the Respondent since the Respondent deserted the marital home more than five years ago.

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 23rd day of July, 2008.