McCalla, Joan Eunice v John Archibald McCalla

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

SUIT NO. HCV 978 OF 2006

IN CHAMBERS

BETWEEN JOAN ELNICE McCALLA

AND JOHN ARCHBALD McCALLA

APPLICANT

RESPONDENT

C

Mr. Charles Campbell for the Applicant

Respondent not appearing or being represented

Divorce-Recognition of foreign decree- Requirements of the

Matrimonial Causes Act-Notice of proceedings in foreign court-

Natural Justice

Heard: September 26,2006

BROOKS, J.

"Takes no time, at all to get, a Mexican divorce." Thus, runs a line in

a song which was made popular by The Drifters. It took Mr. John McCalla a

little longer than "no time". He got his in eight days. His wife contests the

validity of that decree and asks this court either to declare it null and void or

to declare that it is not recognized in this jurisdiction.

The decision turns on the answer to two questions. Firstly, does the

decree satisfy the provisions of section 24 of the Matrimonial Causes Act?