K v A

K v A

There is no clear or settled authority in Pakistani law invalidating the marriage; the ceremony complied with all local formalities and was registered. English law presumes validity in absence of decisive evidence to the contrary and does not recognise discriminatory incapacity imposed by foreign law. Therefore, the marriage is recognised as valid in England and Wales.

Parties
Applicant: K; Respondent: A
Jurisdiction
England and Wales
Judgment Date
17 November 2014
Procedural Posture
Divorce / Preliminary Issue Hearing
Outcome
Marriage recognised as valid in England and Wales; declaration granted.
Legal Topics
Recognition of Foreign Marriages, Inter Faith Marriage, Capacity to Marry, Conflict of Laws, Presumption of Marriage
Family Law Private International Law Recognition of Foreign Marriages Inter Faith Marriage Capacity to Marry Conflict of Laws Presumption of Marriage

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Parties

K

Applicant

A

Respondent

Procedural Posture

Divorce / Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the marriage between a Sunni Muslim woman and an Ahmahdi man celebrated in Pakistan should be recognised as valid in England and Wales
  2. 2 Whether Pakistani law recognises such inter-faith marriages as valid
  3. 3 Whether English law should refuse recognition based on discriminatory incapacity under foreign law

Ratio Decidendi

There is no clear or settled authority in Pakistani law invalidating the marriage; the ceremony complied with all local formalities and was registered. English law presumes validity in absence of decisive evidence to the contrary and does not recognise discriminatory incapacity imposed by foreign law. Therefore, the marriage is recognised as valid in England and Wales.

Court Disposition

Marriage recognised as valid in England and Wales; declaration granted.

Orders

  • Declaration that the marriage celebrated in Lahore on 21 September 2005 was, at its inception, a valid marriage and subsisted as such on 18 March 2013.