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During the hearing I rejected an application by Mr Tolson QC that he should be permitted to cross examine Mr Turek on the 'decision making process' of the Queen's Proctor.11.
The Queen's Proctor has taken the lead role in instructing the main experts in these proceedings.
I therefore reject the petition for nullity under section 11(b) of the Matrimonial Causes Act 1973. On the 24th February 1996 the Petitioner, whom I shall call "the husband", and the Respondent, whom I shall call "the wife", went through a ceremony of marriage at the Registry office in Taunton Deane; their marriage certificate is at A2-266.
Insofar as may be necessary, the judge hereby gives leave for it to be reported in anonymised form.
The title of any report should be H -v- H (Queen's Proctor Intervening) (Validity of Japanese divorce). In this judgment I conclude that a Japanese divorce, called a kyogi rikon, is a divorce 'obtained by means of proceedings' for the purposes of section 46(1) of the Family Law Act 1986.
The contentions of the husband are embodied in his petition by which he seeks a declaration that the marriage is void (A1-17).
That petition is dated 8th March 2005 and contains the following pleading: 'The Respondent was lawfully married in Japan to Etsuo .
In this case the husband was claiming for a decree of nullity on the basis that the wife was still married, as the form of divorce was not recognised here. TA05N00145Approved Judgment I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.