Rebecca Davies represents successful wife in contested divorce proceedings

17 June 2024

Rebecca Davies represented the successful respondent wife in divorce proceedings contested on the issue of jurisdiction.

The parties had married in India under the Hindu Marriage Act. After the husband initiated divorce proceedings in India, the wife sought to issue an application for divorce in England and Wales.

The husband eventually conceded jurisdiction but disputed whether the courts of England and Wales were the convenient forum, or ‘forum conveniens’ for the divorce to take place.

On the wife’s behalf Rebecca successfully argued:

  • that England and Wales was “overwhelmingly” the correct jurisdiction in which the parties’ divorce should be heard
  • for the court to grant her client’s request of decree nisi at the hearing, and
  • for a full costs award to be made in favour of her client.


HHJ Moradifar accepted that relevant allegations of the conduct of both parties took place in the UK and not India and therefore ruled in favour of divorce proceedings continuing in the UK.

He dismissed the husband’s application for a stay of the proceedings and ordered him to take steps to withdraw proceedings in India. The wife was also granted a full costs award in relation to the proceedings.

Read the judgment in full in SK V RR (Divorce : Forum Conveniens) [2024] EWHC 1418 (Fam)