Khwaja v Khwaja
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE ORR,LORD JUSTICE BRIDGE,LORD JUSTICE CUMMING-BRUCE |
| Judgment Date | 12 February 1979 |
| Judgment citation (vLex) | [1979] EWCA Civ J0212-2 |
| Court | Court of Appeal (Civil Division) |
| Date | 12 February 1979 |
[1979] EWCA Civ J0212-2
In The Supreme Court of Judicature
The Court of Appeal
(On Appeal from Brentford County Court)
Lord Justice Orr
Lord Justice Bridge and
Lord Justice Cumming-Bruce
MR. P. CONI and MR. HAY (instructed by Syed A. Rafique, Esq., of London) appeared on behalf of the Appellant.
MISS COLEMAN (instructed by Messrs. Owen White & Catlin of Hounslow, Middx.) appeared on behalf of the Respondent.
This is a wife's appeal against an order made by His Honour Judge Bernard Lends on 5th January last setting aside, on the husband's application, a decree of judicial separation pronounced on 17th November last year on a petition by the wife, and granting the husband leave to file an answer to that petition and also to cross-petition for divorce.
The parties were married in Pakistan on 9th May 1960 but afterwards they came to this country and cohabited at 65 Great South West Road, Hounslow. There are four children of the marriage aged 15, 12, 11 and 8 years. On 7th August last year the wife presented a petition for judicial separation on the ground of the husband's conduct, in which she alleged acts of violence on his part. In that petition she also claimed the custody of the four children and financial provision. The husband did not file an answer within the prescribed time and the case proceeded under the Special Procedure applicable to undefended cases, with the result that, the Registrar having issued his certificate, the matter came before the Judge on 17th November last when, the wife being represented by her former solicitors, new solicitors whom she had instructed not having received the papers, and the husband not being present or represented, he dismissed an application previously made by the husband's solicitors for leave for the husband to file an answer out of time and he proceeded to pronounce a decree of judicial separation on the wife's petition and also to grant her the custody of the four children.
On 21st November the husband's solicitors made an application to set aside the decree and for leave for the husband to file out of time an answer to the wife's petition and also to cross-petition for divorce, and on 1st December the husband swore an affidavit to which was exhibited a draft answer and cross-petition based on the conduct of the wife, and in which he also offered an...
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