Travers v Holley
1953 · [1953] P 246
Posted By lanbuk.com
- Facts
- A wife obtained a decree in New South Wales on the basis of her residence there. The husband was not domiciled in New South Wales. She asked an English court to recognise the decree.
- Issue
- Will the court recognise a foreign divorce granted on a jurisdictional basis that it uses itself?
- Held
- Yes. The English court recognised the decree because English law itself divorced a wife on the basis of three years' residence.
- Principle
- Reciprocity: a foreign decree is recognised if the foreign court took on a ground on which this court would have taken it.
- Why it matters
- The 1961 Act gives the same residence jurisdiction. Smart treats Travers, not the later and wider Indyka test, as the recognition rule to apply here.
Words and Latin in this note
- Desertion
- In a Christian or civil marriage, a separation for a continuous three years, with an intention to end cohabitation permanently, without the other spouse's consent, and without just cause. Constructive desertion is conduct grave enough to drive the other spouse out. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.