Akhter v Khan (Rev 4)

Akhter v Khan (Rev 4)

The marriage, though not valid under English law, was entered into with the intention of completing the legal formalities, and the failure to do so was due to the husband's refusal. The ceremony bore all the hallmarks of marriage, and the parties lived as husband and wife for 18 years. Applying a more flexible interpretation of section 11 Matrimonial Causes Act 1973, informed by human rights considerations and the best interests of the children, the marriage falls within section 11 as a void marriage, entitling the wife to a decree of nullity.

Parties
Petitioner: Nasreen Akhter; Respondent: Mohammed Shabaz Khan; 1st Interested Party: The Attorney General
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Family (divorce/nullity) / Judgment After Trial on Validity/nullity of Marriage
Outcome
Marriage declared void; decree of nullity granted.
Legal Topics
Nullity of Marriage, Presumption of Marriage, Marriage Formalities, Human Rights Act 1998, Article 8 ECHR, Article 12 ECHR, Article 14 ECHR, Children's Rights, Discrimination, Islamic Marriage, Marriage Act 1949, Matrimonial Causes Act 1973
Family Law Human Rights Nullity of Marriage Presumption of Marriage Marriage Formalities Human Rights Act 1998 Article 8 ECHR Article 12 ECHR +6 more

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Parties

Nasreen Akhter

Petitioner

Mohammed Shabaz Khan

Respondent

The Attorney General

1st Interested Party

Procedural Posture

Family (divorce/nullity) / Judgment After Trial on Validity/nullity of Marriage

Legal Issues

  1. 1 Whether the parties' Islamic marriage ceremony created a valid marriage under English law
  2. 2 Whether the marriage is void and susceptible to a decree of nullity under section 11(a)(iii) Matrimonial Causes Act 1973
  3. 3 Whether the presumption of marriage applies

Ratio Decidendi

The marriage, though not valid under English law, was entered into with the intention of completing the legal formalities, and the failure to do so was due to the husband's refusal. The ceremony bore all the hallmarks of marriage, and the parties lived as husband and wife for 18 years. Applying a more flexible interpretation of section 11 Matrimonial Causes Act 1973, informed by human rights considerations and the best interests of the children, the marriage falls within section 11 as a void marriage, entitling the wife to a decree of nullity.

Court Disposition

Marriage declared void; decree of nullity granted.

Orders

  • Decree of nullity granted in favour of the wife under section 11(a)(iii) Matrimonial Causes Act 1973.