The applicant brought a motion to sever the divorce from all corollary relief, which the respondent opposed, arguing it would prejudice her ongoing domestic violence claim in India.
The court, applying Rule 12(6) of the Family Law Rules, found that the respondent would not be legally disadvantaged by the severance, relying on expert evidence regarding Indian law which indicated that a divorce decree would not absolve liability or deny benefits under the Protection for Women from Domestic Violence Act, 2005.
The court also declined to exercise its residual discretion to refuse severance, finding no evidence of applicant's non-compliance or delay.
The motion to sever the divorce was granted.
