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HUMAN RIGHTS: Re SK (Proposed Plaintiff) (An Adult by Way of her Litigation Friend) [2004] EWHC 3202 (Fam)

Date:27 AUG 2005

(3 February 2005; Singer J; Family Division) [2005] 2 FLR 230

Dealing with a case of suspected forced marriage of an adult British citizen during her stay in Bangladesh, the court noted that the inherent jurisdiction of the High Court could be used so that where an adult had been deprived of the capacity to make relevant decisions and there was disagreement about what should be done in his or her best interests, or if there were a serious issue as to the propriety of what was being proposed, recourse could be had to the court for declaratory relief. The court gave leave to issue a process by way of originating summons, naming the parents as defendants, with the aim of arranging for the woman to be seen by an official at the High Commission in Dhaka. The court order included injunctions preventing a ceremony of marriage or the use of threats, intimidation, harassment or violence, with powers of arrest attached. A bench order was issued requiring the attendance of certain relatives, for them to give evidence of their last knowledge of the woman's precise whereabouts.