The English wife had married a Dubai husband under muslim law. H pronounced talaq in Dubai. W, wanting to divorce him for adultery, said it was ineffective since she had not had notice of it.
Held: The Talaq was effective under Dubai law, and could only be challenged under section 8. It would be against public policy to recognise it becase W had only had notice after something done effectively in secret.
Judges:
Bush J
Citations:
(1983) 4 FLR 284, (1982) 12 Fam Law 173
Statutes:
Recognition of Divorces and legal Separations Act 1971 8
Jurisdiction:
England and Wales
Cited by:
Cited – Chaudhary v Chaudhary 1985
The Pakistani husband pronounced bare Talaq in Sharia form before witnesses in Kashmir, although administered by Pakistan a territory to which the Muslim Family Ordinance 1961 did not apply. Recognition of the Talaq divorce had been refused by Wood . .
Cited – H v S FD 18-Nov-2011
The court was asked whether for the purposes of English divorce and connected proceedings a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court is entitled to be afforded recognition . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 08 May 2022; Ref: scu.450571