Makouipour v Makouipour
| Jurisdiction | Scotland |
| Judgment Date | 15 December 1966 |
| Docket Number | No. 12. |
| Date | 15 December 1966 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Thomson.
International Law—Husband and Wife—Divorce—Marriage celebrated in Scotland—Husband domiciled in Iran—Iranian divorce by non-judicial act—Whether entitled to recognition in Scotland—Whether declarator of divorced status appropriate.
A woman domiciled in Scotland married in Scotland an Iranian domiciled in Iran. Later the parties went through a divorce procedure in a Registry Office in Teheran, and a divorce deed was signed by both of them before witnesses and registered in a Registry Office there. Having returned to Scotland, the woman brought an action against her former husband for declarator that their marriage was validly dissolved by the Iranian divorce and that she had the status of a divorced person by the law of Scotland. At the proof in the action, which was undefended, the evidence established that the divorce proceedings were in accordance with Iranian law, and that according to that law the divorce was final.
Held by the Lord Ordinary (Thomson), applyingRuss v. RussELR, [1964] P. 315, that the act of dissolution of the marriage in the country of the husband's domicile, even though non-judicial, being recognised as valid in that country, should be recognised as valid in the Scottish Courts; and the declaratorgranted.
Observed that the decision did not infer that the Scottish Courts must always, and as a matter of positive law, recognise the validity of a divorce recognised as valid in the country of the domicile.
M'Kay v. Walls and Others, 1951 S.L.T. (Notes) 6,distinguished.
Mrs Winifred Patricia Murphy or Makouipour, residing at 35 Inverkip Drive, Shotts, brought an action against her former husband, Manoucher Makouipour, whose only address known to the pursuer was averred to be c/o Abous, National Iranian Oil Company, Teheran, Iran, and against the Lord Advocate, "for the public interest and for any such interest he may have in the action." The conclusion of the summons was:—"For declarator that the marriage of the first-named defender and pursuer celebrated on 19th May 1962 at Calderhead, Lanark, has been validly dissolved by divorce in Teheran, Iran, conform to divorce deed No. 20 Teheran Divorce Register House, serial no. 3680, dated and registered 28th April 1963, and that the pursuer has the status of a divorced person by the law of Scotland; and for expenses against any defender appearing to oppose the conclusion hereof." The action was undefended.
The...
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