23 Dec 2009
I. N. v. M. M. N.
- Citation
- I. N. v. M. M. N.
- Court
- Family Court
- Case number
- FCMC4561/2008
Court found as a matter of fact that despite actual notice the wife was not given a reasonable opportunity to participate in the Indian proceedings due to practical obstacles (short notice, young dependent children, shelter residence, inability to obtain representation) and that recognition would cause serious prejudice and be manifestly contrary to public policy; accordingly the court exercised its residual discretion under s.61(2) MCO to refuse recognition of the Indian decree and dismissed the husband's stay application.