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'How not to get married' (or what happens when you do not know if you are married / divorced / remarried): K v K [2016] EWHC 3380 (Fam)
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Nullity when there is a voidable marriage abroad
Summary:- An unregistered/invalid Nikah marriage conducted abroad is voidable and can be dissolved by nullity (leading to a finance claim).
Conversely:
- An unregistered Nikah marriage conducted in the UK is a non-marriage and cannot be dissolved by nullity (and cannot lead to a finance claim).
Who’s whoPetitioner/Applicant
| Wife/Mrs K aged 61
|
Respondent
| Husband/Mr K aged 74
|
Respondent’s 1st Wife
| Mrs B
|
Petitioner’s 1st Husband
| Mr Z
|
Petitioner’s Counsel
| Mr Lewis
|
Respondent’s Counsel
| Mr Nigar
|
Respondent’s property
| WH
|
Witness to marriage
| Hafiz Tariq Mehmood
|
Witness to marriage
| Basharat Mehmood
|
Imam
| FD
|
Expert
| Professor Werner Menski
|
ChronologyDATE
| EVENT
|
1964
| Respondent (R) marries first wife Mrs B
|
1972
| Petitioner (P) marries first husband Mr Z in Pakistan
|
1994
| P obtains Talaq divorce in Pakistan from Mr Z; P is habitually resident in UK
|
18/10/1999
| Islamic Nikah Marriage ceremony between P and R at Shia Mosque in UK
|
00/12/1999
| P’s Mother raises concerns... |
Read the full article here.
