PAULINE ANN LEWIS v. IEUAN MICHAEL LEWIS

PAULINE ANN LEWIS v. IEUAN MICHAEL LEWIS

Adultery by the husband being proved and the petitioner establishing a substantial connection with Hong Kong under s3(c) by ordinary residence, marriage and matrimonial home in Hong Kong and intention to remain, the court had jurisdiction and rightly granted a decree nisi.

Source-derived case information.

Citation
PAULINE ANN LEWIS v. IEUAN MICHAEL LEWIS
Parties
Petitioner: Pauline Ann Lewis; Respondent: Ieuan Michael Lewis
Court
Court of First Instance
Jurisdiction
Hong Kong
Case Number
HCMC245/1971
Procedural Posture
Divorce (matrimonial) / Decree Nisi Granted
Outcome
Decree nisi granted
Legal Topics
Adultery, Substantial Connection/residence, Discretion to Grant Decree
Source Language
en
Family Law Matrimonial Law Jurisdiction Adultery Substantial Connection/residence Discretion to Grant Decree

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Parties

Pauline Ann Lewis

Petitioner

Ieuan Michael Lewis

Respondent

Procedural Posture

Divorce (matrimonial) / Decree Nisi Granted

Legal Issues

  1. 1 Whether adultery by the husband established ground for divorce
  2. 2 Whether petitioner had a substantial connection with Hong Kong under Section 3(c) of the Matrimonial Causes Ordinance so jurisdiction lies
  3. 3 Whether the court should exercise its discretion in favour of the petitioner in the circumstances

Ratio Decidendi

Adultery by the husband being proved and the petitioner establishing a substantial connection with Hong Kong under s3(c) by ordinary residence, marriage and matrimonial home in Hong Kong and intention to remain, the court had jurisdiction and rightly granted a decree nisi.

Court Disposition

Decree nisi granted

Orders

  • Decree nisi granted
  • Petitioner allowed to amend petition to rely on Section 3(c) of the Matrimonial Causes Ordinance and petition so amended accepted