Chaudhry v Chaudhry
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE STAMP,LORD JUSTICE ORR |
| Judgment Date | 13 November 1975 |
| Judgment citation (vLex) | [1975] EWCA Civ J1113-2 |
| Court | Court of Appeal (Civil Division) |
| Date | 13 November 1975 |
[1975] EWCA Civ J1113-2
In The Supreme Court of Judicature
Court of Appeal
On Appeal from Mr Justice Dunn
Lord Justice Stamp
Lord Justice Orr
Sir John Pennycuick
MR. A. M. ABBAS and MR. A. N. AZHAR (instructed by Messrs. A. s. Cohen & Co.) appeared on behalf of the Appellant.
MR. J. SOFER (instructed by Messrs. Myers Ebner & Deaner) appeared on behalf of Respondent.
I will ask Lord Justice Orr to give the first judgment.
The parties to this appeal, Abdur Chaudhry and Kishwar Chaudhry are Moslems who were born in Pakistan and were married there in 1959 under Islamic rights with the consequence that the marriage was potentially polygamous. Some years later, two children having been born to them, they case to England and made their home here. In 1972 Abdur Chaudhry pronounced in the Pakistan Embasey in London a Talaq of divorce which became final on the 2nd October, 1972, and under English law as it stood at that time validly dissolved the marriage. In consequence divorce proceeding a which Kishwar Chaudhry had previously began in England were stayed or dismissed, and thereafter in February, 1974 she issued a summons entitled "In the Divorce Registry" and also, "In the matter of the Married Women's Property Act, 1882", for a declaration that the last matrimonial home, a house in Fulham, is owned by the parties in equal shares, and for sale of that property, on the 11th July, 1974 this application was transferred by order of a Registrar of the Fatally Division to the High Court far determination of a preliminary point of law, namely, whether Kishwar Choudhry, having been party to a potentially polygamous marriage, is entitled in the circumstances to apply to the Court under Section 17. On the 12th June of this year Mr. Justice Dunn gave judgment holding that she is so entitled, and also expressing obiter certain conclusions as to the effect of Section 47 of the Matrimonial Causes Act, 1973 in such a case. From that judgment Abdur Chaudhry has new appealed with leave of the Judge to this Court.
So far as the matter has proceeded I for my part have formed no view as to its likely outcome, but it is an unfortunate features of the case that if the appeal were to be allowed it would be necessary for Kishwar Chaudhry to commence fresh proceedings for such relief as...
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H.A.H. v S.A.A.
... ... 78 Another case referred by Mr. Durcan was the decision in the case of Chaudhry v. Chaudhry [1976] Fam. 148 ... The parties in that case were married in Pakistan according to Islamic law on 28 th June, 1959. The issue that ... ...