Kapur v Kapur: FD 1984

The husband had petitioned for divorce. He came to England only in August 1981, and had only limited leave to stay. The court considered whether the court had jurisdiction.
Held: There was no significant difference for this purpose between ‘ordinary’ and ‘habitual’ residence. The court had jurisdiction under the section.


Bush J


[1984] FLR 920, Times 28-Apr-1984


Domicile and Matrimonial Proceedings Act 1973 5(2)


England and Wales


AppliedRegina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .

Cited by:

CitedNessa v Chief Adjudication Officer HL 3-Nov-1999
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to . .
Lists of cited by and citing cases may be incomplete.


Updated: 30 April 2022; Ref: scu.200335