Read the full judgment text of FCMC 14350/2009 on BabelCite. This Family Court judgment was delivered on 19 April 2011 before Her Honour Judge Sharon D. Melloy.
Matrimonial law – Divorce – Decree absolute – Set aside – Jurisdiction – Procedural irregularity – Administrative mistake – Matrimonial Causes Ordinance s.17(2)(a) – Matrimonial Causes Rules Rule 65(4) – Whether District Court has jurisdiction to set aside decree absolute granted by administrative error – Yes; distinguished LCM v LYY and relied on Zinkin v Wong – Whether failure to serve summons renders decree absolute void – Yes; following Manchanda v Manchanda and Woolfenden v Woolfenden – Decree absolute set aside; costs to wife on party and party basis.
Legal issues: Jurisdiction to set aside decree absolute · Procedural irregularity in granting decree absolute
Outcome: Application granted; Decree absolute set aside.
Cites 4 cases