The Metropolitan Police Service v Bile & Anor

The Metropolitan Police Service v Bile & Anor

There was insufficient evidence, on the balance of probability, that M was forced into marriage; all credible evidence indicated she married voluntarily. The court therefore had no power to make a forced marriage protection order or accept undertakings, and dismissed the application.

Source-derived case information.

Parties
Applicant: The Metropolitan Police Service; First Respondent: Jama Mohamed Bile; Second Respondent: Marian Ahmed Hassan
Jurisdiction
England and Wales
Judgment Date
01 July 2019
Procedural Posture
Application for Forced Marriage Protection Order / Final Hearing
Outcome
Application dismissed
Legal Topics
Forced Marriage Protection Orders, Jurisdiction of Applicants, Hearsay Evidence, Costs Orders
Family Law Civil Procedure Forced Marriage Protection Orders Jurisdiction of Applicants Hearsay Evidence Costs Orders

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Parties

The Metropolitan Police Service

Applicant

Jama Mohamed Bile

First Respondent

Marian Ahmed Hassan

Second Respondent

Procedural Posture

Application for Forced Marriage Protection Order / Final Hearing

Legal Issues

  1. 1 Whether the court has power to make a forced marriage protection order under section 63A of the Family Law Act 1996
  2. 2 Whether the Metropolitan Police Service was the appropriate applicant for leave to apply for a forced marriage protection order
  3. 3 Whether the evidence establishes that M was forced into marriage

Ratio Decidendi

There was insufficient evidence, on the balance of probability, that M was forced into marriage; all credible evidence indicated she married voluntarily. The court therefore had no power to make a forced marriage protection order or accept undertakings, and dismissed the application.

Court Disposition

Application dismissed

Orders

  • All orders of continuing effect discharged
  • Tipstaff directed to return passport and documents to the father