Scottish advocate seeks cancellation of divorce

Divorce|February 24th 2018

A Scottish advocate has applied to the country’s highest court to have a divorce decree granted to his wife set aside.

Raj Jandoo, 60, was the first person from an Asian background to be become an advocate in the Scottish courts, a role equivalent to barrister south of the border. In 2010 he met his wife via an online dating agency and they eventually married in 2012.

But the couple were together for just months before separating. Eventually, in May 2015, The Times reports, she applied to divorce him using the ‘simplified procedure’. As the name suggests, this is a shorter form of divorce available in Scotland in some circumstances, principally when there are no children below the age of 16; no outstanding financial matters to sort out; and both spouses have ‘capacity’ – the ability to make their own legal decisions.

She was refused by a sheriff but reportedly tried again the following year, while Mr Jandoo was visiting India on an extended holiday. This time her application, at Dunfermline Sheriff Court, was successful the paper reports.

The advocate insists he was entirely unaware of her application and only discovered what had happened when he returned to Scotland.

He explained to the Court of Session that he did not wish to resume his relationship with his former wife but said they had not sorted out the financial issues arising from their marriage.

Complicating matters, said Presiding Judge Lord Woolman, is the fact that Mr Jandoo’s former wife has since remarried, so she would be left in “legal limbo” if his application was granted. He therefore gave the couple three months to reach an agreement between themselves before the next scheduled hearing in May.

The Judge said he sympathised with Mr Jandoo, saying he had experienced “despair, distrust and desolation” following the end of his brief marriage.

Image by Sheep purple via Flickr under a Creative Commons licence

Author: Stowe Family Law

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