R v M [2011] EWHC 2132 (Fam) (18 May 2011)

R v M [2011] EWHC 2132 (Fam) (18 May 2011)

The marriage celebrated in Pakistan between the parties, both Ahmadi, is valid under Pakistani law as the ceremony and contract create the marital status; registration is not a requirement for validity. Therefore, under English private international law, the marriage is recognised as valid in this jurisdiction.

Citation
[2011] EWHC 2132 (Fam)
Parties
Petitioner: R; Respondent: M
Jurisdiction
England and Wales
Judgment Date
18 May 2011
Procedural Posture
Divorce Proceedings (preliminary Issue) / Preliminary Issue Within Divorce Proceedings
Outcome
Marriage recognised as valid in English law; preliminary issue determined in favour of the petitioner.
Legal Topics
Recognition of Foreign Marriage, Validity of Religious Marriage, Ahmadi Marriages in Pakistan, Registration of Marriage, Conflict of Laws
Family Law Private International Law Recognition of Foreign Marriage Validity of Religious Marriage Ahmadi Marriages in Pakistan Registration of Marriage Conflict of Laws

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Parties

R

Petitioner

M

Respondent

Procedural Posture

Divorce Proceedings (preliminary Issue) / Preliminary Issue Within Divorce Proceedings

Legal Issues

  1. 1 Whether a marriage ceremony celebrated in Islamabad, Pakistan, between Ahmadi parties, constitutes a valid marriage in English law for the purposes of divorce proceedings
  2. 2 Whether registration of the marriage in Pakistan or England is necessary for its recognition in English law

Ratio Decidendi

The marriage celebrated in Pakistan between the parties, both Ahmadi, is valid under Pakistani law as the ceremony and contract create the marital status; registration is not a requirement for validity. Therefore, under English private international law, the marriage is recognised as valid in this jurisdiction.

Court Disposition

Marriage recognised as valid in English law; preliminary issue determined in favour of the petitioner.

Orders

  • The marriage between the petitioner and respondent is recognised as valid for the purposes of English law.