MRA v NRK [2011] ScotCS CSOH_101 (17 June 2011)

MRA v NRK [2011] ScotCS CSOH_101 (17 June 2011)

The marriage was celebrated wholly in Pakistan and is valid under Pakistani law; Scots law does not apply to its formal validity. The action for declarator of nullity is dismissed as the pursuer should seek remedy in Pakistan.

Citation
[2011] ScotCS CSOH_101
Parties
Pursuer: M R A; Defender: N R K
Jurisdiction
Scotland
Judgment Date
17 June 2011
Procedural Posture
Undefended Action for Declarator of Nullity of Marriage / Final Judgment
Outcome
action dismissed
Legal Topics
Formal Validity of Marriage, Lex Loci Celebrationis, Telephone Marriage, Dual Validity Rule, Marriage by Proxy
Family Law Conflict of Laws Formal Validity of Marriage Lex Loci Celebrationis Telephone Marriage Dual Validity Rule Marriage by Proxy

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Parties

M R A

Pursuer

N R K

Defender

Procedural Posture

Undefended Action for Declarator of Nullity of Marriage / Final Judgment

Legal Issues

  1. 1 Is a marriage contracted by telephone valid under Scots law?
  2. 2 Does the dual validity rule apply when a marriage is celebrated in two jurisdictions?
  3. 3 Can a Scottish court nullify a marriage valid under Pakistani law?

Ratio Decidendi

The marriage was celebrated wholly in Pakistan and is valid under Pakistani law; Scots law does not apply to its formal validity. The action for declarator of nullity is dismissed as the pursuer should seek remedy in Pakistan.

Court Disposition

action dismissed

Orders

  • action for declarator of nullity of marriage dismissed