In re Marriage of Murugesh

Illinois Appellate Court
Civil Court
Forum Non Conveniens
Case Number: 
2013 IL App (3rd) 110228
Decision Date: 
Thursday, August 8, 2013
3d Dist.
Will Co.
Certified question answered.
(Court opinion corrected 8/20/13.) The doctrine of forum non conveniens, principles of comity, and the interest in avoiding duplicative litigation do not require trial court in Illinois to dismiss an Illinois dissolution action involving two Illinois residents when there is also a divorce action pending in India. As the parties' child has resided in Illinois her entire life, and is thus her "home state", under the UCCJEA only an Illinois court can make an initial child custody determination. As Indian courts would not recognize an Illinois divorce decree, under principles of comity it is inappropriate for an Illinois court to recognize an Indian divorce decree. (CARTER, concurring; McDADE, specially concurring.)