Tahir v Tahir: SCS 1993

The court was asked as to the recognition of a divorce decree from Pakistam.
Held: Lord Sutherland observed: ‘What I have to look at is the decree which was pronounced in Pakistan. It would be contrary to public policy to recognise it, according to Choudhary, if both the motive and the effect were to deprive the pursuer of her rights in Scotland. That however is not the position because her rights are preserved under section 28 of the 1984 Act. There can therefore, in my view, be no public policy objection to written recognition of this divorce based on deprivation of the pursuer’s financial rights. As I understood the submission made to me, it was only on the basis that she would be deprived of such rights that it was argued that there was a public policy objection to recognition.’

Judges:

Lord Sutherland

Citations:

(1993) SLT 194

Jurisdiction:

England and Wales

Scotland, International, Family

Updated: 08 May 2022; Ref: scu.450576