FEDERAL CIRCUIT COURT OF AUSTRALIA
| MEHRA & BOSE (No.3) | [2013] FCCA 2273 |
| Catchwords: FAMILY LAW – Divorce proceedings commenced by husband – whether a permanent stay of the divorce proceedings should be granted – whether the divorce proceedings should be stayed pending the outcome of the Indian divorce proceedings – final parenting orders made by this Court in 2011. |
| Legislation: Family Law Act 1975, ss.39, 48, 55, 65Y, 79 Federal Circuit Court Rules, r.13.10 |
| Bose & Mehra [2010] FMCAfam 353 CC & BC [2007] FMCAfam 56 Henry v Henry (1996) FLC 92-685 In the Marriage of Falk (1977) FLC 90-247 In the Marriage of Pavey (1976) FLC 90-051 In the Marriage of Salacup (1993) FLC 92-431 In the Marriage of Todd (No.2) (1976) FLC 90-008 Mehra & Bose [2011] FMCAfam 263 Mehra & Bose [2012] FamCA 164 Oceanic Sun Line Shipping Co Ltd v Fay (1988) 165 CLR 197 Russell & Russell (No.5) [2012] FamCA 917 Skinner v Alfonso-Skinner [2010] FamCA 329 Technip SA v SMS Holding (P) Lyd & Ors (2005) 5 SCC 465 (India) Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 Y. Narasimna Roa & Ors v Y. Venkata Lakshimi & Anor (1991) 3 SCC 451 (India) Youseff and Youseff (1997) FLC 92-72 |
| Applicant: | MR MEHRA |
| Respondent: | MS BOSE |
| File Number: | SYC 1119 of 2010 |
| Judgment of: | Judge Monahan |
| Hearing date: | 29 July 2013 |
| Date of Last Submission: | 29 July 2013 |
| Delivered at: | Sydney |
| Delivered on: | 23 December 2013 |
REPRESENTATION
| Counsel for the Applicant: | Not applicable |
| Solicitors for the Applicant: | Self-represented litigant |
| Counsel for the Respondent: | Ms Shearman |
| Solicitors for the Respondent: | Salvos Legal Humanitarian Law |
ORDERS
THE COURT ORDERS THAT:
The wife’s Application in a Case filed on 12 July 2012 be dismissed.
THE COURT FINDS THAT:
The marriage is proved.
The husband was at all material times a citizen of and otherwise domiciled in Australia.
The ground for the application for a divorce order, namely, that the marriage has broken down irretrievably, is proved.
THE COURT, BY ORDER, DECLARES THAT IT IS SATISFIED:
The only child of the marriage, as that expression is defined in section 55A(3), who has not attained the age of eighteen years is the child: X born (omitted) 2008.
The only child of the marriage who has not attained the age of 18 years is the child specified in the order and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child.
AND THE COURT FURTHER ORDERS THAT:
A divorce order be made, such divorce order to take effect and thereby terminate the marriage on 24 January 2014.
IT IS NOTED that publication of this judgment under the pseudonym Mehra & Bose (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
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- AGLC
- Mehra and Bose (No.3) [2013] FCCA 2273
- Case
- [2013] FCCA 2273
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the marriage had irretrievably broken down, whether the husband was domiciled in Australia, and whether proper arrangements had been made for the care, welfare, and development of the parties' only child who had not attained the age of eighteen years.
The court found that the marriage was proved and that the ground for divorce, namely irretrievable breakdown, was also proved. Crucially, the court found that the husband was at all material times a citizen of and domiciled in Australia. Furthermore, the court was satisfied that proper arrangements had been made for the only child of the marriage under the age of eighteen. Consequently, a divorce order was made, to take effect on 24 January 2014.
Orders
Orders of the court
THE COURT ORDERS THAT:
1.
The wife’s Application in a Case filed on 12 July 2012 be dismissed.
THE COURT FINDS THAT:
2.
The marriage is proved.
3.
The husband was at all material times a citizen of and otherwise domiciled in Australia.
4.
The ground for the application for a divorce order, namely, that the marriage has broken down irretrievably, is proved.
THE COURT, BY ORDER, DECLARES THAT IT IS SATISFIED:
5.
The only child of the marriage, as that expression is defined in section 55A(3), who has not attained the age of eighteen years is the child: X born (omitted) 2008.
6.
The only child of the marriage who has not attained the age of 18 years is the child specified in the order and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child.
AND THE COURT FURTHER ORDERS THAT:
7.
A divorce order be made, such divorce order to take effect and thereby terminate the marriage on 24 January 2014.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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