(Court of Appeal, Rimer, Jackson, Lewison LJJ, 18 October 2013)
The husband and wife, Indian nationals, married in India where the mother gave birth to a daughter. The husband moved to the UK and the wife and child followed the following year. When the marriage broke down the wife left the UK after her immigration appeal was refused. The husband initiated divorce proceedings in India and thereafter the wife issued divorce proceedings in England but those proceedings were stayed on the basis that India was a more appropriate forum. The wife appealed.
The appeal was dismissed. The wife's argument that the principle in Owusu v Jackson should be extended to the circumstances in this case was rejected. It could not be submitted that the proceedings were governed by BIIR since BIIR failed to provide for how the court should deal with such an application. The judge had not been precluded from granting a stay under para 9 of Sch 1 of the Matrimonial Causes Act 1973.