Whether English divorce proceedings instituted here by the wife AB should be stayed to enable Indian proceedings for divorce instituted there earlier by CB.
Held: Bodey J stayed the wife’s English petition on the ground that India was the more appropriate forum to hear the proceedings (forum non conveniens).
Judges:
Bodey J
Citations:
[2012] EWHC 3841 (Fam), [2013] 2 FLR 29, [2013] Fam Law 384
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening) SC 9-Sep-2013
Acquisition of Habitual Residence
Habitual residence can in principle be lost and another habitual residence acquired on the same day.
Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member . .
Appeal from – Mittal v Mittal CA 18-Oct-2013
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 09 September 2022; Ref: scu.470753
