Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
CB v EB [2020] EWFC 72
(Family Court, Mostyn J, 16 November 2020)Financial Remedies – Consent order – Application for set aside – Property values left husband with lower sums than anticipated – FPR...
No right (as yet) to be married legally in a humanist ceremony: R (on the application of Harrison and others) v Secretary of State for Justice [2020] EWHC 2096 (Admin)
Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor in Family Law, University of BuckinghamIn July 2020, six humanist couples brought an application for judicial review on the...
Controlling and coercive behaviour is gender and colour blind but how are courts meeting the challenge to protect victims
Maryam Syed, 7BRExamining the most recent caselaw in both family and criminal law jurisdictions this article discusses the prominent and still newly emerging issue of controlling and coercive domestic...
Roma families face disadvantage in child protection proceedings
Mary Marvel, Law for LifeWe have all become familiar with the discussion about structural racism in the UK, thanks to the excellent work of the Black Lives Matter movement. But it is less recognised...
The ‘Bank of Mum and Dad’ – obligations and scope for change
Helen Brander, Pump Court ChambersQuite unusually, two judgments of the High Court in 2020 have considered financial provision for adult children and when and how applications can be made. They come...
View all articles
Authors

K v K [2016] EWHC 3380 (Fam)

Sep 29, 2018, 19:45 PM
Marriage and divorce – Nullity – Islamic ceremony – Respondent still married at time of marriage ceremony – Whether the petitioner was entitled to a decree of nullity
The court held that the woman was entitled to a decree of nullity.
Slug : k-v-k-2016-ewhc-3380-fam
Meta Title : K v K [2016] EWHC 3380 (Fam)
Meta Keywords : Marriage and divorce – Nullity – Islamic ceremony – Respondent still married at time of marriage ceremony – Whether the petitioner was entitled to a decree of nullity
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 28, 2017, 11:24 AM
Article ID : 113902

(Family Division, Francis J, 24 November 2016)

Marriage and divorce – Nullity – Islamic ceremony – Respondent still married at time of marriage ceremony – Whether the petitioner was entitled to a decree of nullity

The court held that the woman was entitled to a decree of nullity.

The petitioner was 61 and had been married in Pakistan but that marriage was terminated by Talaq in 1994. The respondent was married in 1964 and that marriage had not been terminated.

In 1999 the parties took part in a marriage ceremony at a Mosque in 1999. The respondent contended that the petitioner knew he was still married at that point. She denied this.

Thereafter the petitioner was informed that the Talaq in respect of her first marriage had not been registered. She subsequently obtained a decree of Khula in Pakistan. The respondent initiated proceedings for jactitation of his first marriage but abandoned them before their conclusion.

The petitioner claimed that in 2003 the parties entered into an Islamic marriage via telephone with an Iman in Pakistan. A formal ceremony followed later that month and the petitioner asserted that a marriage deed was drawn up. The respondent denied that either event had occurred.

Francis J held that the petitioner was entitled to a decree of nullity and preferred her evidence as to the parties’ intention and belief that the ceremony in 2003 would produce a valid ceremony of marriage.

No. BV15D09955

Neutral Citation Number: [2016] EWHC 3380 (Fam)

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION


Royal Courts of Justice


Thursday, 24th November 2016



Before:


MR. JUSTICE FRANCIS
(In Private)


- - - - - - - - - - - - - - - -


B E T W E E N :




K
Applicant


- and -


K
Respondent


- - - - - - - - - - - - - - - -


Transcribed by BEVERLEY F. NUNNERY & CO.
(a trading name of Opus 2 International Limited)
Official Court Reporters and Audio Transcribers
25 Southampton Buildings, London WC2A 1AL
Tel: 020 7831 5627 Fax: 020 7831 7737
info@beverleynunnery.com


- - - - - - - - - - - - - - - -


MR. M. LEWIS (instructed by Crimson Phoenix Solicitors) appeared on behalf of the Applicant.
MR. S. NIGAR (instructed by Directus Law) appeared on behalf of the Respondent.


- - - - - - - - - - - - - - - -




J U D G M E N T

K v K [2016] EWHC 3380 (Fam).rtf
Categories :
  • Judgments
  • Marriage and Divorce
Tags :
FLR_cover
Provider :
Product Bucket : Family
Recommend These Products
Related Articles
Load more comments
Comment by from