Read the full judgment text of FCMC 9107/2018 on BabelCite. This Family Court judgment was delivered on 12 March 2019 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Jurisdiction – Domicile – Substantial Connection – Divorce – FCMC 9107/2018 – The court considered whether it had jurisdiction to hear a divorce petition filed by the wife against the husband. The husband was an American citizen who had lived in Shanghai for 16 years before returning to Hong Kong in 2017. The court found the husband was not domiciled in Hong Kong as he lacked the intention to make it his permanent home. The court also found the husband did not have a substantial connection with Hong Kong, as factors such as holding a Hong Kong ID card, bank accounts, and family presence were insufficient without matrimonial connecting factors. The wife's petition was dismissed for lack of jurisdiction. The wife was ordered to pay the husband's costs.
Legal issues: Domicile · Substantial Connection · Jurisdiction
Outcome: Application by Respondent husband to dismiss Petitioner wife's divorce petition granted; Court finds no jurisdiction.
Cited by 3 cases