The applicant brought a motion to split the divorce claim from the other issues in the case pursuant to Rule 12(6) of the Family Law Rules.
The respondent opposed, arguing that a divorce would prejudice her pending claims in India, and relied on an affidavit from an Indian lawyer as expert evidence of foreign law.
The court found the expert evidence inadmissible because the lawyer was not sufficiently qualified and the opinion lacked reliability.
Finding no disadvantage to either spouse, the court granted the motion to split the divorce and awarded costs to the applicant.
