Read the full judgment text of FCMC 11061/2014 on BabelCite. This Family Court judgment was delivered on 8 November 2016 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Divorce – Leave to file fresh petition – Two years separation – Costs – District Court – Petitioner sought leave to dismiss original petition and file fresh petition based on two years' separation – Court granted leave as marriage broken down irretrievably and separation undisputed – Divorce and ancillary relief separate issues – Costs: Original petition unnecessarily aggressive, Respondent to pay half of Petitioner's costs of main suit; Petitioner wholly successful in application, Respondent to pay costs of application.
Legal issues: Leave to file a new petition · Costs of the main suit and application
Outcome: Leave granted to file fresh petition; original petition dismissed; costs awarded to Petitioner.
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