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 staying her petition, saying that the Court had no jurisdiction to make the order.
Held: W’s appeal was dismissed. It was not appropriate to extend the reasoning in Owusu v Jackson to the very different circumstances of the case, which concerned a stay in favour of prior competing proceedings in a non Member State (lis alibi pendens).
Judges:
Rimer, Jackson, Lewison LJJ
Citations:
[2013] EWCA Civ 1255, [2013] WLR(D) 391, [2014] FAM 102, [2014] 2 WLR 1033, [2014] 1 FLR 1514, [2014] 2 FCR 208, [2014] Fam Law 286, [2014] 1 Fam 102
Links:
Statutes:
Domicile and Matrimonial Proceedings Act 1973, Senior Courts Act 1981 49, Council Regulation (EC) No 2201/2003
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Distinguished – Owusu v Jackson ECJ 1-Mar-2005
ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State . .
Cited – In Re I (A Child) SC 1-Dec-2009
The child had been born in Britain to British citizen parents from Pakistan and India. There had been care proceedings, but later and with the court’s consent the father took him to Pakistan undertaking to return him, but then failed to do so. . .
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 . .
Cited – JKN v JCN (Divorce: Forum) FD 19-Apr-2010
Ms Theis QC decided that proceedings were only ‘governed’ by BIIR if they fell within article 19 of BIIR . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Family, European
Updated: 10 September 2022; Ref: scu.516556
