Pool vs Pool (DC113.2014) [2014] SCSC 416 (22 October 2014)

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: 113/2014

[2014] SCSC 416

SYLVIANNE LINDA POOL NEE ROSE

versus

DANNY RALPH POOL

Heard: 22^nd October 2014

Counsel: Miss. Benoiton standing in

Mr. Ally for

Delivered: 22^nd October 2014

D. Karunakaran, Acting Chief Justice

1. This is a petition for divorce. The petitioner Sylvianne Linda Pool has applied to this Court for dissolution of his marriage on the ground that the marriage has irretrievably broken down since the parties had lived apart for a continuous period of more than one year immediately preceding the presentation of the petition and the respondent has consented to the grant of divorce.

2. The respondent having received the notice of the petition appeared in court and informed that he was not contesting the petition. Hence, the court granted leave for the petitioner to proceed with an ex-parte hearing in this matter.

3. The petitioner testified that she lawfully married the respondent in Seychelles on the 26^th of February 2005 at the Civil Status office, Victoria, Mahe, Seychelles. After the marriage the parties lived and co-habited in Seychelles. There is one child born of the marriage namely :

1. Daniel Jean-Luc Danny Pool born on the 26^th of November 1999.

4. Both parties are Seychellois national, domical and resident in Seychelles. There has been no previous court proceeding in respect of the said marriage in any court either in Seychelles or outside Seychelles. The petitioner testified that the marriage with the respondent has broken down irretrievable and they have lived separate and apart for a continuous period of more than one year prior to the filing of the petition before the court. All attempts of reconciliation have failed. In the circumstances, the petitioner seeks this court for the dissolution of her marriage.

5. On the strength of the uncontrovertibly evidence adduced by the petitioner I am satisfied the marriage in question has irretrievably broken down. I am equally satisfied there is no possibility of reconciliation between the parties. Therefore I find it just and necessary that the marriage should be dissolve.

6. Therefore, I hereby dissolve the marriage of the parties and grant a conditional order of divorce, which may be made absolute after the expiry of six weeks from the date hereof.

7. The petition is granted accordingly. File closed.

Signed, dated and delivered at Ile du Port on 22^nd October 2014.

Acting

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