4.
the courts of a foreign country (including
for this purpose those of Scotland,
Northern Ireland and of Hong Kong) if, and
only if, these are granted by the court of
the husband's domicile, This basic rule
is subject to (1) any statutory exception
made by a United Kingdom Act applying to
England; and (2) any other exceptions
which may be recognised by English judicial
In Indyka v. Indyka the House
decisions.
of Lords decided that recognition may be
extended to divorce decrees of foreign
courts granted:
(a) on the basis of nationality of
both spouses; and
(b) perhaps when granted on the basis
of nationality separately
acquired by a wife living apart
from her husband where the wife
had a real and substantial con-
nexion with the country pronouncing
the decree.
An analysis of the ratio decidendi of the
Indyka case was given by Mr. Justice Ormrod
in Angelo v. Angelo (1967), 3 A.E.R., page
314
[xx]
I see no legal objection to the Governorie
proposal mentioned above. It is for the
appropriate courts to work out in due course
whether the basis of recognition approved
in the Indyka case should be extended to
the category of marriages in the
circumstances referred to in the first
paragraph of this minute.
15.
step?
NOTHING TO BE WRITTEN IN THIS MARGIN