XCC v AA & Anor (Rev 3)

XCC v AA & Anor (Rev 3)

The marriage of DD and AA, though valid in Bangladesh, is not recognised as a valid marriage in England and Wales because DD lacked and continues to lack capacity to consent to marriage and sexual relations. The court has jurisdiction under the inherent jurisdiction of the High Court to make a declaration of non-recognition, and public policy and welfare considerations overwhelmingly require such a declaration. Undertakings and assurances are insufficient to protect DD's interests or address the status issues. Nullity proceedings should be instituted on DD's behalf.

Parties
Applicant: XCC; Respondent: AA; Respondent: BB; Respondent: CC; Respondent: DD (by her Litigation Friend the Official Solicitor); Advocate to the Court: Mr Bilal Rawat
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Court of Protection / Inherent Jurisdiction / Judgment After Contested Hearing
Outcome
Declaration of non-recognition granted; direction to issue nullity proceedings
Legal Topics
Recognition of Foreign Marriages, Capacity to Marry, Forced Marriage, Nullity, Best Interests, Inherent Jurisdiction, Public Policy, Immigration
Family Law Mental Capacity Private International Law Human Rights Recognition of Foreign Marriages Capacity to Marry Forced Marriage Nullity +4 more

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Parties

XCC

Applicant

AA

Respondent

BB

Respondent

CC

Respondent

DD (by her Litigation Friend the Official Solicitor)

Respondent

Mr Bilal Rawat

Advocate to the Court

Procedural Posture

Court of Protection / Inherent Jurisdiction / Judgment After Contested 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 welfare and public policy considerations require non-recognition of the marriage

Ratio Decidendi

The marriage of DD and AA, though valid in Bangladesh, is not recognised as a valid marriage in England and Wales because DD lacked and continues to lack capacity to consent to marriage and sexual relations. The court has jurisdiction under the inherent jurisdiction of the High Court to make a declaration of non-recognition, and public policy and welfare considerations overwhelmingly require such a declaration. Undertakings and assurances are insufficient to protect DD's interests or address the status issues. Nullity proceedings should be instituted on DD's behalf.

Court Disposition

Declaration of non-recognition granted; direction to issue nullity proceedings

Orders

  • Declaration that the marriage of DD and AA, celebrated in Bangladesh, is not recognised as a valid marriage in this jurisdiction
  • Direction that nullity proceedings be instituted on DD's behalf