Lehan & Ruffner - [2024] FedCFamC1F 865

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Lehan & Ruffner [2024] FedCFamC1F 865

File number: SYC 3718 of 2024

Judgment of: ALDRIDGE J

Date of judgment: 13 December 2024

Catchwords: FAMILY LAW – DIVORCE – Declaration of validity – Where the parties are citizens of Pakistan – Where the parties married in Australia – Where the respondent asserted the parties had been divorced in Pakistan – Where the applicant asserted the Pakistan divorce was invalid and sought a divorce in Australia – Where the respondent produced a Divorce Registration Certificate and a Divorce Deed – Where there is evidence that Talaq was pronounced – Where there is no cogent reason not to give effect to the Pakistan divorce – Declaration of validity made.

Legislation:
Evidence Act 1995 (Cth) s 174

Family Law Act 1975 (Cth) s 104

Muslim Family Law Ordinance 1961 (Pakistan) ss 1, 5

Cases cited: Talwar & Sarai (2018) FLC 93-855; [2018] FamCAFC 152

Division: Division 1 First Instance

Number of paragraphs: 32

Date of hearing: 2 December 2024

Place: Sydney

Solicitor for the Applicant: Women’s Legal Service NSW

The Respondent: Litigant in person
ORDERS

SYC 3718 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS LEHAN

Applicant

AND:
MR RUFFNER

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

13 DECEMBER 2024

THE COURT ORDERS THAT:
1.The Court declares pursuant to s 113 of the Family Law Act 1975 (Cth), the decree for divorce made by the Union Committee in Suburb C, Region D, City E issued mid-2024 is recognised as valid in Australia in accordance with s 104(3)(d) of the Family Law Act 1975 (Cth).
2.The Initiating Applications filed 30 October 2024 and 1 November 2024 are otherwise dismissed.
3.The Divorce Application filed 16 May 2024 is dismissed.
4.The Applications in a Proceeding filed 16 May 2024 and 5 September 2024 are dismissed.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lehan & Ruffner has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
ALDRIDGE J:

By an Initiating Application filed on 30 October 2024 (apparently duplicated on the Court portal on 1 November 2024), Ms Lehan (“the applicant”) seeks the following orders:
Should the Court find the purported divorce dated [mid] 2024, effective 9 August…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Lehan & Ruffner

Details

AGLC: Lehan & Ruffner [2024] FedCFamC1F 865
Case: [2024] FedCFamC1F 865
Decision Date: 13 December 2024

CaseChat Overview and Summary

Ms Lehan and Mr Ruffner, citizens of Pakistan who married in Australia, came before the Federal Circuit and Family Court of Australia in a dispute concerning the validity of their divorce. The respondent claimed that the parties had been divorced in Pakistan, providing a Divorce Registration Certificate and a Divorce Deed, as well as evidence that Talaq had been pronounced. In contrast, the applicant argued that the Pakistani divorce was invalid and sought a divorce in Australia. The central legal issue before the court was whether to recognise the Pakistani divorce under section 104(3)(d) of the Family Law Act 1975 (Cth). The court had to determine if there was a cogent reason to disregard the Pakistani divorce and whether the evidence supported the respondent's claim.

In reaching its decision, the court considered the evidence presented by both parties. The applicant argued that the Pakistani divorce should not be recognised due to potential procedural irregularities, while the respondent provided documentation and evidence of the Talaq. The court found that there was no compelling reason to disregard the Pakistani divorce and accepted the evidence presented by the respondent. Consequently, the court ruled that the Pakistani divorce was valid and should be recognised in Australia under section 113 of the Family Law Act 1975 (Cth).

The court declared the Pakistani divorce valid and dismissed the applicant's initiating applications and divorce application. The court found no reason to contest the respondent's evidence and documentation, leading to the dismissal of the other applications in the proceeding. The decision underscored the importance of recognising foreign divorces in Australia, provided there is no cogent reason to the contrary.

Orders

Orders of the court

SYC 3718 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS LEHAN

Applicant

AND:

MR RUFFNER

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

13 DECEMBER 2024

THE COURT ORDERS THAT:

1. The Court declares pursuant to s 113 of the Family Law Act 1975 (Cth), the decree for divorce made by the Union Committee in Suburb C, Region D, City E issued mid-2024 is recognised as valid in Australia in accordance with s 104(3)(d) of the Family Law Act 1975 (Cth).

2. The Initiating Applications filed 30 October 2024 and 1 November 2024 are otherwise dismissed.

3. The Divorce Application filed 16 May 2024 is dismissed.

4. The Applications in a Proceeding filed 16 May 2024 and 5 September 2024 are dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number:	SYC 3718 of 2024
Judgment of:	ALDRIDGE J
Date of judgment:	13 December 2024
Catchwords:	FAMILY LAW – DIVORCE – Declaration of validity – Where the parties are citizens of Pakistan – Where the parties married in Australia – Where the respondent asserted the parties had been divorced in Pakistan – Where the applicant asserted the Pakistan divorce was invalid and sought a divorce in Australia – Where the respondent produced a Divorce Registration Certificate and a Divorce Deed – Where there is evidence that Talaq was pronounced – Where there is no cogent reason not to give effect to the Pakistan divorce – Declaration of validity made.
Legislation:	Evidence Act 1995 (Cth) s 174 Family Law Act 1975 (Cth) s 104 Muslim Family Law Ordinance 1961 (Pakistan) ss 1, 5
Cases cited:	Talwar & Sarai (2018) FLC 93-855; [2018] FamCAFC 152
Division:	Division 1 First Instance
Number of paragraphs:	32
Date of hearing:	2 December 2024
Place:	Sydney
Solicitor for the Applicant:	Women’s Legal Service NSW
The Respondent:	Litigant in person

SYC 3718 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS LEHAN Applicant
AND:	MR RUFFNER Respondent

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	13 DECEMBER 2024