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Judgment: The court had to decide whether the English or German court was first seised in circumstances where the wife had initially not validly served the divorce petition on the husband and the husband then served his petition in Germany during the subsequent period. The issue here was whether there had been an abuse of process on the part of the wife after the husband claimed that she had issued her petition simply to secure the English jurisdiction in the event that a divorce was needed and in fact the marriage had not at that time irretrievably broken down. The court ruled that the husband had known about the wife's petition before it was validly served and before he issued his own petition and that the English court had jurisdiction.

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