XCC v AA & Anor (Rev 3) [2012] EWCOP 2183 (26 July 2012)

XCC v AA & Anor (Rev 3) [2012] EWCOP 2183 (26 July 2012)

The marriage between DD and AA, though valid in Bangladesh, is not recognised as a valid marriage in England and Wales because DD lacked capacity to consent to marriage and sexual relations at the time of the ceremony and continues to lack such capacity. The inherent jurisdiction of the High Court permits a declaration of non-recognition on public policy grounds, as recognition would be offensive to the conscience of the English court and contrary to the protection of vulnerable adults. Welfare and best interests considerations do not outweigh the need for non-recognition in this case.

Citation
[2012] EWCOP 2183
Parties
Applicant: XCC; Respondent: AA; Respondent: BB; Respondent: CC; Respondent: DD (by her Litigation Friend the Official Solicitor); Litigation Friend for DD: Official Solicitor; Advocate to the Court: Mr Bilal Rawat
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Court of Protection and Inherent Jurisdiction of the High Court / Judgment Following Welfare and Status Hearing
Outcome
Declaration of non-recognition granted; the marriage between DD and AA is not recognised as valid in England and Wales.
Legal Topics
Capacity to Marry, Forced Marriage, Recognition of Foreign Marriages, Best Interests, Inherent Jurisdiction, Public Policy, Immigration Consequences
Family Law Mental Capacity Law Private International Law Human Rights Capacity to Marry Forced Marriage Recognition of Foreign Marriages Best Interests +3 more

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Parties

XCC

Applicant

AA

Respondent

BB

Respondent

CC

Respondent

DD (by her Litigation Friend the Official Solicitor)

Respondent

Official Solicitor

Litigation Friend for DD

Mr Bilal Rawat

Advocate to the Court

Procedural Posture

Court of Protection and Inherent Jurisdiction of the High Court / Judgment Following Welfare and Status Hearing

Legal Issues

  1. 1 Whether the marriage of DD and AA, valid in Bangladesh, should be recognised in England and Wales given DD's lack of capacity to consent to marriage and sexual relations
  2. 2 Whether the Court has jurisdiction to make a declaration of non-recognition under the inherent jurisdiction of the High Court
  3. 3 Whether public policy and welfare considerations require non-recognition of the marriage

Ratio Decidendi

The marriage between DD and AA, though valid in Bangladesh, is not recognised as a valid marriage in England and Wales because DD lacked capacity to consent to marriage and sexual relations at the time of the ceremony and continues to lack such capacity. The inherent jurisdiction of the High Court permits a declaration of non-recognition on public policy grounds, as recognition would be offensive to the conscience of the English court and contrary to the protection of vulnerable adults. Welfare and best interests considerations do not outweigh the need for non-recognition in this case.

Court Disposition

Declaration of non-recognition granted; the marriage between DD and AA is not recognised as valid in England and Wales.

Orders

  • Declaration that the marriage between DD and AA, though valid in Bangladesh, is not recognised as a valid marriage in this jurisdiction.
  • Continuation of previous orders prohibiting AA from contact with DD and from exercising any rights as DD's husband.