The respondent, Shruti Bhatia, brought a motion seeking an order that the Ontario Superior Court of Justice decline jurisdiction over divorce proceedings, arguing that India was the "clearly more appropriate" forum.
The court had previously established jurisdiction simpliciter under the Divorce Act.
The motion was dismissed, as the respondent failed to demonstrate that India was significantly more appropriate.
The court considered factors such as the location of parties and witnesses (noting the child's connections to India arose from unlawful abduction), the costs of transferring the case, and the potential for conflicting judgments or loss of juridical advantage, finding no compelling reason to displace Ontario's jurisdiction.
