Sharia divorce claim rejected: B v L [2016] EWFC 67

This case before Mr Justice Francis concerned an Islamic marriage performed in Pakistan in which the husband contended that the divorce for the same could only be heard in Pakistan. The husband’s application to dismiss the wife’s petition for divorce was refused.

The husband’s application was based on three main arguments:

1. Jurisdiction 
2. Forum non conveniens
3. Setting aside the petitioner’s entitlement to a certificate of decree nisi

 The husband and wife were married in 1995 and in 2016 the wife petitioned for divorce in England where both parties were habitually resident. Jurisdiction for the petition was found pursuant to Article 3(1) of the Council Regulation.

The husband as a devout Muslim made it clear that he did not want to get divorced and had a principled objection to divorce on religious grounds. He submitted that they were married according to sharia law and that only Pakistan had jurisdiction to hear the divorce proceedings. This was respected by the judge who mentioned the same in his judgment but reminded (quite rightly) that his job was to apply the English law and not deal with religious law or morality of certain issues. It was a...

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