The Ontario Court of Appeals ruled today that a Jewish religious divorce obtained in a postwar DP camp in Italy was valid for Canadian residents. The effect of the ruling, in which the court reversed its Chief Justice, J. C. McRuer, was to declare that Hava Ungar of Toronto was still married to Abram Schwebel, her second husband.
Schwebel married the woman after she received a “get” from Joseph Waktor. However, Waktor applied to have the marriage to Schwebel annulled on grounds that such divorces were not recognized in Canada. Waktor was upheld several months ago in the ruling by Chief Justice McRuer. The Appeals Court, in reversing that judgment, held that, since Waktor and the woman were en route to Israel while in the DP camp, their place of domicile was Israel, and Israeli divorces are recognized in Canada.
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