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AB v CB: FD 10 Oct 2012

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:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedA 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 fromMittal 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

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