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Small victory for Keith Mitchell vs Marietta Mitchell

The court will have to make a decision on the matrimonial home in Happy Hill of ex-Prime Minister Keith Mitchell and his estranged wife Marietta Mitchell

High Court Judge Justice Raulston Glasgow has given reasons for allowing a court in New York and not the Grenada Jurisdiction to settle issues surrounding the Divorce proceedings between former Prime Minister Dr. Keith Mitchell and his estranged wife Marietta Mitchell.

In a ruling handed down two months ago, the judge said he was persuaded by the arguments put forward on behalf of Dr. Mitchell that the court in New York was most appropriate place “for the conduct of the matrimonial proceedings” in which millions of dollars in worth of assets would have to be settled between the two parties.

According to Justice Glasgow, the records will show that both Dr. Mitchell and his wife have already submitted themselves to the jurisdiction of the New York Court and should continue along those lines.

Mrs. Mitchell has decided to file for divorce to bring an end to nearly 50 years of marriage between the two which broke down just over a decade ago.

In his ruling Justice Glasgow said: “In all of the circumstances, I am persuaded by the arguments put forward by Dr. Mitchell in identifying the New York Court and its appropriateness at this juncture for the conduct of the matrimonial proceedings. I am left with no doubt in this position, taking into account that both parties have already submitted themselves to the jurisdiction of the New York Court.

Further, the New York Court has already determined its availability and competence to treat with all 13 aspects of the divorce, being the dissolution and determination of assets and liabilities.

As Mrs. Mitchell has only asked this court for dissolution and an interim order, these proceedings have not progressed in any material way since the filing of the petition for dissolution on 15th September 2023 in comparison to the advanced stage of disclosure and assessment of means being conducted by the New York Court.

From the evidence provided by Mrs. Mitchell, I am not persuaded that the request for a stay should be refused due to a real risk of injustice.

Accordingly, Dr. Mitchell is granted a stay of the proceedings in the Grenada proceedings to allow for the New York proceedings in the New York Court to run its natural course, with the hope that the parties are able to fully resolve their disputes in that forum.

IT IS HEREBY ORDERED THAT:-

(1). The petition for dissolution of marriage and the summons for interim relief filed on the 15th September, 2023 are stayed until the determination or resolution of the matrimonial proceedings filed before the Supreme Court of the State of New York County of Kings or until further order of this court;

(2). The petitioner shall pay the respondent’s costs of the summons filed on 9th November 2023 in the sum of $1, 200.00; and

(3). The respondent shall have carriage of this Order.

As a public service, THE NEW TODAY reproduces in full the Justice Raulston Glasgow ruling on the matter:-

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