Coventry City Council v MK & Ors

Coventry City Council v MK & Ors

The purported marriage between MK and A is invalid under Pakistani law due to fundamental defects in formalities and lack of a validly appointed proxy (vakil); Pakistani law recognises both void and non-qualifying ceremonies, and the facts here amount to a non-qualifying ceremony. The English court, applying Asaad v Kurter, declares the marriage a non-marriage and issues a declaration of non-recognition. Best interests orders are made for MK’s care, residence, and temporary internet restrictions.

Parties
Applicant: Coventry City Council; First Respondent (cop), Third Respondent (fmpo): MK (by his litigation friend, the Official Solicitor); Second Respondent (cop), First Respondent (fmpo): GK; Third Respondent (cop), Second Respondent (fmpo): MAK
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Court of Protection and Family Division (forced Marriage Protection Order) / Final Judgment After Contested Hearing
Outcome
Declaration of non-marriage (non-qualifying ceremony); best interests orders for MK; FMPO continued; costs order for expert not varied.
Legal Topics
Forced Marriage Protection, Nullity of Marriage, Capacity to Marry, Recognition of Foreign Marriages, Best Interests Decisions
Family Law Mental Capacity Law International Private Law Forced Marriage Protection Nullity of Marriage Capacity to Marry Recognition of Foreign Marriages Best Interests Decisions

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Parties

Coventry City Council

Applicant

MK (by his litigation friend, the Official Solicitor)

First Respondent (cop), Third Respondent (fmpo)

GK

Second Respondent (cop), First Respondent (fmpo)

MAK

Third Respondent (cop), Second Respondent (fmpo)

Procedural Posture

Court of Protection and Family Division (forced Marriage Protection Order) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Is MK’s marriage to A valid under Pakistani and English law?
  2. 2 What is the appropriate remedy if the marriage is invalid?
  3. 3 What are the terms of any Forced Marriage Protection Order?

Ratio Decidendi

The purported marriage between MK and A is invalid under Pakistani law due to fundamental defects in formalities and lack of a validly appointed proxy (vakil); Pakistani law recognises both void and non-qualifying ceremonies, and the facts here amount to a non-qualifying ceremony. The English court, applying Asaad v Kurter, declares the marriage a non-marriage and issues a declaration of non-recognition. Best interests orders are made for MK’s care, residence, and temporary internet restrictions.

Court Disposition

Declaration of non-marriage (non-qualifying ceremony); best interests orders for MK; FMPO continued; costs order for expert not varied.

Orders

  • Declaration that the marriage between MK and A is not valid and is a non-marriage under English law.
  • Forced Marriage Protection Order continued on agreed terms.