five but are currently living in illinois regressions were divorced and were disillusioned are left to resent in both the state of illinois and the country india and the proof of those grounds would be located in each jurisdiction and the husband filed his divorce action in they were born in india raised in india they entered into an arranged marriage and india the parties have been making plans they're out there in their marriage to return to india two months before all of this occurred depot was actually talking to mark ash about and rolling their because the india action has been proceeding for quite some time in fact they are near completion it was supposed to be completed by may two thousand and eleven and here we are in two thousand and thirteen starting in illinois with india would have concluded in twenty and twenty parties were married is starting to negotiate between themselves because they are distant related offense and so their families start to negotiate so for a month they're going back and forth under the engineer jack negotiating a mutual consent that works after there was a oh does the dissolution proceeding in india include custody decisions with regard to the child so this is how the india proceeding works work as files with initial proceeding and that was strictly for the way is not presupposed with then the certified question if you go through the certified question is i've argued in my brief the only answer to the certified question is no because everything in the certified question is necessary but not sufficient for dismissal for example the mere fact that something some of them are just not  beginning of their marriage so if you go from one thousand nine hundred ninety nine until there until that are separation two thousand and eight you have nine years of evidence of mental cruelty according to him so by his own allegations in india there  substantial evidence of groundspeed alleges which are recognized in india as a basis for divorce in illinois the fact that he filed first in india whether it's days or anything is not determined of under two six one nine the case was there and that the fact that both courts have personal as subject matter jurisdiction according to the question doesn't require dismissal if india didn't have jurisdiction personally or subject matter then there but then there wouldn't be any question have jurisdiction to decide child custody there's a difference between subject matter jurisdiction in general which is the cycle of matter as opposed to jurisdiction which may leave be limited by statute which an alloy says even if an all his gender is subject matter drips with the site child custody it can't exercise the jurisdiction except in certain limited circumstances and will not recognize the decision by another state or one hundred three which does not work and clearly is already has lost a case dismiss a claim which can only be exclusively determined by all annoying soviet's murray gas can proceed to litigate a prosecutor petition for dissolution which is already been enjoying the other factors which the court could have considered it consider and which are relevant through the court's discretion because the decision to grant or deny a motion to case to stay in illinois and for the only case not to be dismissed we can include the fact they ask the parties to live in illinois exclusively as a married couple that they have a child was twelve years don't think if that really means anything i do want to touch on the criminal issue because that was one of the points not the only point to one of the points in the first decision in this case and there is any as we pointed out  prosecution of my client there's no question that she faces not only an existing prosecution but very real threat of more which is part of the oppression that she would avoid if this case was litigated  illinois is nothing hunnish somebody for something they allegedly did but to decide what is fear in the best interests of the parties and especially minor children alimony is the only state that that other ancillary the question the question i think you know whether or not the dissolution action should be dismissed and should we talk a little bit about and my and my initial argument about whether or not a decision for india would be applicable here in illinois and if the liberties of the sitter section and i just want to stress again under the marriage was an act in case you look at whether or not what india has done and when it makes its decision what factual and procedural circumstances surrounded it and a decision to