HRT fka HS v. RHT

HRT fka HS v. RHT

Leave to appeal was refused because the trial judge's finding that the 1960 Sindhi Hindu ceremonial marriage was valid under Indonesian law — given there was no registration requirement or machinery in 1960 and Marriage Law 1/1974 did not retroactively invalidate pre-1974 customary marriages — had no reasonable prospect of success on appeal and therefore the application for leave lacked merit.

Citation
HRT fka HS v. RHT
Parties
Petitioner: HRT fka HS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 April 2008
Case Number
HCMP348/2008
Procedural Posture
Court of Appeal Miscellaneous Proceedings (leave to Appeal) Arising From FCMC No. 5488 of 2006 / Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Validity of Marriage, Recognition of Foreign Marriage, Statutory Interpretation, Leave to Appeal
Source Language
EN
Family Law Private International Law Civil Procedure Conflict of Laws Validity of Marriage Recognition of Foreign Marriage Statutory Interpretation Leave to Appeal

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Parties

HRT fka HS

Petitioner

Procedural Posture

Court of Appeal Miscellaneous Proceedings (leave to Appeal) Arising From FCMC No. 5488 of 2006 / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether a Sindhi Hindu customary ceremony in 1960 constituted a valid marriage under Indonesian law
  2. 2 Whether the requirement for registration introduced by Indonesia's Marriage Law 1/1974 rendered similar pre-1974 unregistered customary marriages invalid
  3. 3 Whether the appeal had a realistic prospect of success such that leave should be granted

Ratio Decidendi

Leave to appeal was refused because the trial judge's finding that the 1960 Sindhi Hindu ceremonial marriage was valid under Indonesian law — given there was no registration requirement or machinery in 1960 and Marriage Law 1/1974 did not retroactively invalidate pre-1974 customary marriages — had no reasonable prospect of success on appeal and therefore the application for leave lacked merit.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused