Jandoo v Jandoo or Kaur

Husband and wife – Decree of divorce – Simplified procedure – Reduction of decree in absence. Court of Session: In proceedings in which the pursuer sought to set aside a decree of divorce in absence, which his former wife had obtained in the sheriff court using the simplified procedure, because he sought an order for financial provision, the court held that the decree should not have been granted on the merits because the pursuer had a colourable case for seeking an order for financial provision and simplified procedure was not available where there was a financial dispute; there was a reasonable explanation why the pursuer did not enter the proceedings; and the whole circumstances of the case justified reduction.

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