Viswan v Sajar [2020] NZFC 5047

Published 14 December 2020

Application for dissolution of marriage — forum conveniens — Indian law — stay of proceedings — Family Proceedings Act 1980, s 45 — Gilmore v Gilmore [1993] 10 FRNZ 469. The applicant applied for an order dissolving the parties' marriage and for an order declaring New Zealand the forum conveniens. The parties were married in 2007 and separated in 2009. Divorce proceedings were initiated in India in 2013, but had been stayed. The respondent submitted that India was the appropriate forum for the proceedings but, if New Zealand were to be found to the appropriate forum, she sought a stay of the proceedings until the issue had been determined in India. Alternatively, that an order should be declined on the basis that provisions for maintenance and other aspects had not been resolved pursuant to s 45 of the Family Proceedings Act. The Judge, having taken into consideration the parties' circumstances, determined New Zealand to be the appropriate forum. The mother had day-to-day care of the child and the father was paying child support. The Judge was satisfied that s 45 was met. An order was made dissolving the parties' marriage. Judgment Date: 6 July 2020. * * * Note: names have been changed to comply with legal requirements. * * *