This matter was recently considered by the High Courts in the case of Mahtani v Mahtani [2023] EWHC 2988 (FAM). In this case, the Wife and Husband were married in London on 06 February 2003. They later went through a subsequent Hindu wedding celebration in Indonesia on 05 March 2003. They had two children together, aged 18 and 15.

The Husband had refused to engage in any of the English divorce proceedings. He did not acknowledge receipt or service, or respond to, any of the documents that the Wife had sent in regard to her divorce petition issued on 06 September 2021.

The family previous to this had lived together in Indonesia until 2016 when, the Wife travelled back to England with the children. She decided to stay permanently and leave the Husband due to alleged domestic abuse.

In July 2017, the respondent commenced his own divorce proceedings in Jakarta. The Wife denies having any notice of the Indonesian proceedings. The Indonesian divorce was pronounced by the District Court of South Jakarta on 14 November 2017.

The English courts had to decide on whether the Indonesian divorce should be recognised or not and whether the stay on the divorce and financial remedies proceedings in England and Wales should be lifted.

It was ordered that the Indonesian divorce is not recognised. The marriage between the parties therefore still exists under English law and the Wife’s application for divorce and financial remedies against the Husband can now continue.

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