Mr A v Ms B

The ceremony on 16.5.08 constituted a marriage under Pakistani law, but both parties were already lawfully married at the time, rendering the marriage void. The marriage has broken down irretrievably and the respondent's behaviour makes it unreasonable for the petitioner to continue living with her.

Parties: Petitioner: Mr A; Respondent: Ms B
Jurisdiction: England and Wales
Judgment Date: 25 May 2022
Procedural Posture: Divorce and Declaration of Marital Status / Final Hearing
Outcome: Marriage declared void; divorce petition stayed for four weeks to allow respondent to file nullity petition; if not filed, decree nisi will be granted.
Legal Topics: Validity of Foreign Marriage, Void Marriage, Divorce, Declaration of Marital Status

Family Law Private International Law Validity of Foreign Marriage Void Marriage Divorce Declaration of Marital Status

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2

Parties

Mr A

Petitioner

Ms B

Respondent

Procedural Posture

Divorce and Declaration of Marital Status / Final Hearing

Legal Issues

1 Did the ceremony on 16.5.08 constitute a legal marriage according to Pakistani law?
2 Was the marriage void because either or both parties were married to another person at the time?
3 Did the respondent behave in such a way that it would be unreasonable to expect the petitioner to live with her?

Ratio Decidendi

Court Disposition

Marriage declared void; divorce petition stayed for four weeks to allow respondent to file nullity petition; if not filed, decree nisi will be granted.

Orders

Stay on divorce petition for four weeks to allow respondent to file nullity petition.
If no nullity petition is filed within four weeks, decree nisi will be granted.