MARRIAGE: B v I [2009] EWHC

23 NOV 2009

(Family Division; Baron J; 23 November 2009)

In relation to a forced marriage in Bangladesh, in which the woman was unaware that she was being married (believing, wrongly, that the ceremony being performed was merely a betrothal) and had had, in any event, no choice as to her participation, the court granted a declaration that the marriage had never existed. A grant of nullity could not be made, as the woman had escaped from her family only after the 3 year statutory period within which nullity could be granted had passed, but, whereas the court was not permitted to make a declaration that a marriage had been void at inception, the court could make a declaration that there had never been a marriage capable of recognition in the English jurisdiction. Although this was an extremely fine distinction, and might not be thought to be wholly logical, it was eminently fair; it was necessary for the courts to be flexible in the face of forced marriage.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online