A process server who made a false declaration that he had served a wife with a divorce petition could face criminal charges.

Supreme Court Judge Carol Beswick has directed the registrar of the Supreme Court to report the matter to the director of public prosecutions (DPP) so that action can be taken against the process server.

The judge issued the directive when she set aside a decree absolute, which had ended the marriage between Winchester Simpson and Erline Simpson.

It was reported that the wife did not know that she was divorced until someone asked her how she was enjoying divorced life.

The matter was investigated and it turned out that the husband had filed a divorce petition in the Supreme Court on May 10, 2006. The decrees nisi and absolute were obtained by October 2007, ending the seven-year marriage.

Simpson applied to the Supreme Court to have the decree absolute set aside on the grounds of irregularity, and produced evidence to support her claim.

Separation of couple

The judge found that the couple had not separated for 12 months preceding the filing of the petition, as the law required. The petition was filed within days after the husband left the matrimonial home.

The degree absolute was set aside on the grounds that the husband had obtained it by making false declarations. The court's ruling means that the couple are still married.

The process server filed an affidavit stating that he served the wife with the divorce petition. However, she had never been to the address where the alleged service took place.

The judge directed the registrar of the Supreme Court to make a report to the DPP so that action can be taken against the process server.