Kaur v Dhaliwal & Anor [2014] EWHC 1991 (Ch) (17 June 2014)

Kaur v Dhaliwal & Anor [2014] EWHC 1991 (Ch) (17 June 2014)

The judge was entitled to find that the qualifying relationship endured throughout the relevant period, as the interruption in living under the same roof was transitory and did not amount to an irretrievable breakdown; thus, the statutory criteria were satisfied.

Source-derived case information.

Citation
[2014] EWHC 1991 (Ch)
Parties
Respondent/claimant: Harjinder Kaur; Appellant/defendant: Sandeep Singh Dhaliwal; Appellant/defendant: Amitoz Singh Dhaliwal
Jurisdiction
England and Wales
Judgment Date
17 June 2014
Procedural Posture
Appeal / Judgment on Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Cohabitation, Statutory Interpretation, Provision for Dependants
Family Law Succession Law Inheritance (provision for Family and Dependants) Act 1975 Cohabitation Statutory Interpretation Provision for Dependants

Source-derived case record

Summary, issues, holding and outcome

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Parties

Harjinder Kaur

Respondent/claimant

Sandeep Singh Dhaliwal

Appellant/defendant

Amitoz Singh Dhaliwal

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the Claimant satisfied the statutory criteria under section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975 for being treated as living in the same household as the deceased as his wife for the two years immediately prior to death

Ratio Decidendi

The judge was entitled to find that the qualifying relationship endured throughout the relevant period, as the interruption in living under the same roof was transitory and did not amount to an irretrievable breakdown; thus, the statutory criteria were satisfied.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.