CHANDRA & ALHOUB

In the matter of CHANDRA & ALHOUB, the applicant sought a declaration from the court regarding the validity of a divorce granted in Country C. The respondent could not be located, and the applicant sought to waive service requirements.

The court was required to determine whether the divorce granted in Country C was valid for the purposes of Australian law, and whether the service requirements on the respondent should be waived given the inability to locate her. The court also considered the applicant's amended application.

Cronin J reasoned that the requirements for establishing the relevant date for filing the divorce application in Country C were relaxed due to the nature of the application. The court further found that, after several adjournments and attempts to locate and serve the respondent, including searches and attempts to serve her family, it was appropriate to waive the service requirements. The court declared the divorce granted by the B Court in Country C on 7 December 2011 to be a valid divorce for the purposes of Australian law.

The court ordered that the requirements for service on the respondent be waived and that the applicant be permitted to proceed with his application on an undefended basis. A declaration was made that the divorce granted in Country C was valid for Australian law purposes. The amended application was otherwise dismissed.