Monisha Mahtani v Vivek Hariram Mahtani
| Court | Family Court (EW) |
| Judge | JAMES EWINS KC, |
| Judgment Date | 16 January 2025 |
| Neutral Citation | [2025] EWFC 35 |
| Date | 16 January 2025 |
| Year | 2025 |
| Counsel | Phillip Perrins,Beth Hibbert |
Neutral Citation Number: [2025] EWFC 35 (Fam)
Case No: 1669-7464-1085-9274
IN THE FAMILY COURT
SITTING AT THE ROYAL COURTS OF JUSTICE
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 16 January 2025
Before :
JAMES EWINS KC, SITTING AS A DEPUTY HIGH COURT JUDGE
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Between :
Monisha Mahtani Applicant
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Vivek Hariram Mahtani Respondent
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Phillip Perrins and Beth Hibbert (instructed by GN Law) for the Applicant
The Respondent did not appear and was not represented
Hearing dates: 8-10 January 2025
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Approved Judgment
This judgment was handed down remotely at 10.30am on 16 January 2025 by circulation to
the parties or their representatives by e-mail and by release to the National Archives.
.............................
JAMES EWINS KC, SITTING AS A DEPUTY HIGH COURT JUDGE
The judge has made a reporting restriction order which provides that in no report of, or
commentary on, the proceedings or this judgment may the children be named or their schools
or address identified. All persons, including representatives of the media, must ensure that
this condition is strictly complied with. Failure to do so will be a contempt of court.
James Ewins KC, sitting as a Deputy High Court Judge:
INTRODUCTION
1. There is before me an application for financial remedies upon divorce made by the
applicant wife, Monisha Mahtani, in Form A dated 11 November 2022 against the
respondent husband, Vivek Mahtani.
2. The defining characteristic of this application is the respondent’s non-attendance at any
hearing within these proceedings and his failure to make any financial disclosure
whatsoever. In fact, he has not engaged in these proceedings at all and has not entered
into any communication with the applicant, her legal advisors or the court, nor has he
instructed anyone else to do so on his behalf.
PROCEDURAL BACKGROUND
3. The applicant’s financial remedies application, save in respect of the application for
maintenance pending suit and a legal services payment order, was stayed by Recorder
Harris on 23 March 2023 pending determination of the applicant’s application for non-
recognition of the divorce pronounced by the Indonesian court on 14 November 2017.
¶2 of Recorder Harris’ order stated:
It is recorded that the respondent has not attended the hearing today, but the court is
satisfied that all reasonable steps have been taken to bring these proceedings to the
respondent's attention and that he was served with notice of today's hearing via email
(RMail) on 23 January 2023 and the bundle for today on 22 March 2023 via email
(RMail).
4. The applications for MPS and LSPO, which were supported by a statement signed by
the applicant on 21 November 2022, were determined by Roberts J at a hybrid hearing
on 5 May 2023. Roberts J made substantive MPS and LSPO orders. The respondent is
currently in arrears of the maintenance pending suit ordered by Roberts J in the sum of
£154,395.80 and has not paid the £72,774 LSPO that was ordered and payable in three
instalments in 2023. Fortunately, the applicant has the benefit of a legal aid certificate.
5. Roberts J also made case-management directions for the determination of the
applicant’s application for non-recognition of the foreign divorce. The order of Roberts
J also stated, at ¶2:
It is recorded that the court was satisfied that all reasonable steps have been taken by
the applicant to bring these proceedings to the respondent's attention and the court
being satisfied that the respondent was served with notice of today's hearing via
email (RMail) on 28 April 2023 and the bundle for today’s hearing on 4 May 2023
via email (RMail), but he has failed to attend.
6. With respect to the hearing listed to determine the application for non-recognition of
the Indonesian divorce, Roberts J’s order stated at ¶11:
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2 cases
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Monisha Mahtani v Vivek Hariram Mahtani
...written submissions and have considered the position in the light of TW v TM [2015] EWHC 3054 (Fam), GH v H [2024] EWHC 2869 (Fam)[2025] EWFC 35 (Fam) Case No: 1669-7464-1085-9274 IN THE FAMILY COURT SITTING AT THE ROYAL COURTS OF JUSTICE Royal Courts of Justice Strand, London, WC2A 2LL Dat......
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VTY v GDB
...the alleged non-discloser. (iii) Evidence of a lifestyle which is wholly inconsistent with disclosed financial resources. 81. In Mahtani v Mahtani [2025] EWFC 35 Mr James Ewins KC, sitting as a Deputy High Court Judge “[34] Because the respondent has not made any financial disclosure whatso......
