Read the full judgment text of FCMC 5389/2007 on BabelCite. This Family Court judgment before Deputy District Judge Carlson.
Matrimonial causes – judgment summons – full and frank disclosure – ex-parte application – debt transfer – release of liability – costs – Petitioner wife sought to enforce divorce order requiring Respondent husband to pay USD 825,000 via funds held by Mr Nayar – Husband applied to set aside summons alleging non-disclosure of correspondence showing wife agreed to look to Nayar directly – Court held material non-disclosure occurred at ex-parte stage; order to issue summons set aside – On merits, tripartite agreement extinguished husband's liability – Costs awarded on party and party basis.
Legal issues: Full and frank disclosure at ex-parte stage · Whether a debt is owing by the husband
Outcome: Judgment summons set aside for want of full and frank disclosure. On merits, husband found not indebted.
Cites 2 cases