JJ v GMJ (145 of 2010) [2010] SCSC 105 (15 July 2010);

Download: 

1


 

IN THE SUPREME COURT OF SEYCHELLES

 

J J .......................................................................................................................PETITIONER

VERSUS

G M J ...............................................................................................................RESPONDENT

Civil Side No 145 of 2010

…………………………………………………………………………………………………………

 

Mr. F. Ally for the Petitioner

 

RULING

B. Renaud J

 

The Petitioner and one Marie Solange PANAGARY, the Respondent’s mother, were married on the 30th January, 1964. On the 6th July, 1976 the Respondent was born. During the legal period for conception and birth of the Respondent, the Respondent’s mother and the Petitioner were still married and the Petitioner was declared as the Respondent’s father in her certificate of birth. During the legal period of conception and at the time of the Respondent’s birth the Petitioner and the Respondent’s mother were living separate and apart and there was no intercourse between them. In fact the Respondent’s mother and the Petitioner cohabited for only 5 years after the celebration of their marriage. On the 29th August, 1977, the Supreme Court be decree nisi made the Petitioner’s marriage with the Respondent’s mother final and absolute.

 

On the basis of the matters aforesaid I hereby declare that the Respondent Guyliane Margaret JOUBERT is not the child of the Petitioner James JOUBERT and order and direct the Registrar of Civil Status to amend Civil Status Register No, 787 of 1976C to reflect my declaration herein.

 

…………………….

B. RENAUD

JUDGE

Dated this 16th day of July 2010