Law: Divorce Act (IV of 1869)

Section: 18 & 19

Divorce Act (IV of 1869), Ss. 18 & 19-Divorce granted in foreign country where parties not domiciled-Wife seeking dissolu tion of marriage on ground that previous marriage of husband subsisted-Onus on wife to prove that decree granted by foreign Court ineffective in country of domicile of husband.   Russ v. Russ (1962) 3 All. E R 193 and Dicey's "Conflict of Laws," Rule 43 ref. JUDGMENT   QADEERUDDIN AHMAD, J.-These are proceedings for the confirmation under section 20 read with section 17 of the Divorce Act, 1869, of the decree of nullity of the marriage between Mrs. Vera W. S. Bailey and William Seaman Bailey granted on the 23rd of May 1959 by Feroz Nana Ghulamally, District Judge, Karachi (now a Judge of this Court) under sections 18 and 19 of the Act. The parties were heard by this Court on the 6th of February 1961, and by an order dated the 6th February 1961 the case was returned to the District Judge under section 17 of the Act with the direction that-   "he should summon the parties and after enquiry obtain from them   the copy of the judgment of the Mexican Court which is alleged to have dissolved the marriage between William Seaman Bailey and Lilian Ricketts ;   such evidence as may be produced by the parties to determine whether William Seaman Bailey and Lilian Ricketts had, at the time of the commencement of the divorce proceed ings in the Mexican Court, their domicile in Mexico or in any State in U. S. A., and   If Lilian Ricketts and William Seaman Bailey had their domicile in anyState in U. S. A., then information whether the law of that State would recognise the decree of the Mexican Court."   The enquiry was made by Mr. Abdur Rahim M. Kharl, District Judge, Karachi (whois also at present a Judge of this Court). He certified by his order dated the 20th of May 1961 that the parties could not produce a copy of the judgment of the Mexican Court, the validity of which is challenged by the petitioners, namely, Mrs. Vera W. S. Bailey; that they could produce no evidence to establish the domicile of William Seaman Bailey and Lilian Ricketts in Mexico or in any State in the U. S. A., nor…