Goyal v Goyal

Goyal v Goyal

The court has no power to make a pension sharing order under section 24B Matrimonial Causes Act 1973 in respect of a foreign pension, and in any event, the applicant failed to provide evidence that such an order would be enforced in India. Therefore, the application for a pension sharing order fails in limine.

Parties
Applicant: Ankita Goyal; Respondent: Amit Goyal
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Family Financial Remedy / Post Appeal Rehearing of Pension Sharing Application
Outcome
Application for pension sharing order dismissed in limine.
Legal Topics
Pension Sharing, Jurisdiction, Enforcement of Foreign Orders, Spousal Maintenance, Variation of Orders
Family Law Pension Sharing Jurisdiction Enforcement of Foreign Orders Spousal Maintenance Variation of Orders

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Parties

Ankita Goyal

Applicant

Amit Goyal

Respondent

Procedural Posture

Family Financial Remedy / Post Appeal Rehearing of Pension Sharing Application

Legal Issues

  1. 1 Whether an English court can make a pension sharing order under section 24B Matrimonial Causes Act 1973 in respect of an overseas (Indian) pension
  2. 2 Whether there is evidence that such an order would be enforced in India

Ratio Decidendi

The court has no power to make a pension sharing order under section 24B Matrimonial Causes Act 1973 in respect of a foreign pension, and in any event, the applicant failed to provide evidence that such an order would be enforced in India. Therefore, the application for a pension sharing order fails in limine.

Court Disposition

Application for pension sharing order dismissed in limine.