RS, Re (Forced Marriage Protection Order)

RS lacked capacity to consent to marriage and sexual relations at the relevant time due to intellectual disability and autism, precluding recognition of the Pakistani marriage in England and Wales; public policy requires non-recognition where consent is absent.

Parties: Applicant: Luton Borough Council; 1st Respondent: SB; 2nd Respondent: RS (by his litigation friend the Official Solicitor)
Jurisdiction: England and Wales
Judgment Date: 03 December 2015
Procedural Posture: Family / Judgment After Final Hearing
Outcome: Declaration of non-recognition of marriage granted
Legal Topics: Forced Marriage, Capacity to Marry, Capacity to Consent to Sexual Relations, Recognition of Foreign Marriages, Inherent Jurisdiction, Public Policy, Mental Disability

Family Law Mental Capacity Law International Private Law Forced Marriage Capacity to Marry Capacity to Consent to Sexual Relations Recognition of Foreign Marriages Inherent Jurisdiction +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1

Parties

Luton Borough Council

Applicant

1st Respondent

RS (by his litigation friend the Official Solicitor)

2nd Respondent

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

1 Whether RS had mental capacity to marry at the date of his marriage to W
2 Whether RS had capacity to consent to sexual relations
3 Whether the court should declare the marriage not recognised as valid in England and Wales

Ratio Decidendi

Court Disposition

Declaration of non-recognition of marriage granted

Orders

Declaration that the marriage between RS and W is not recognised as valid in England and Wales
RS found to lack capacity to consent to marriage and sexual relations