AAM v KG

AAM v KG

The trial judge was entitled to prefer the oral evidence of the Imam and the wife over the documentary evidence from Bangladesh, and correctly applied the burden of proof. No material procedural irregularity or error of law occurred. The husband's appeal fails as the reasons given by the trial judge are sufficient and justified.

Parties
Applicant: AAM; Respondent: KG
Jurisdiction
England and Wales
Judgment Date
12 January 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Nullity of Marriage, Burden of Proof, Procedural Irregularity, Assessment of Evidence, Immigration Consequences
Family Law Nullity of Marriage Burden of Proof Procedural Irregularity Assessment of Evidence Immigration Consequences

Case Brief

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Parties

AAM

Applicant

KG

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the husband was already married at the time of the civil marriage in the UK
  2. 2 Whether procedural irregularities or errors of law occurred in the trial court
  3. 3 Whether the trial judge correctly assessed the evidence and applied the burden of proof

Ratio Decidendi

The trial judge was entitled to prefer the oral evidence of the Imam and the wife over the documentary evidence from Bangladesh, and correctly applied the burden of proof. No material procedural irregularity or error of law occurred. The husband's appeal fails as the reasons given by the trial judge are sufficient and justified.

Court Disposition

appeal dismissed

Orders

  • Appeal against orders of 8th August 2016 and 27th January 2017 dismissed