The Law Reports (Family Division)
[2009] Fam 11
Court of Appeal
Westminster City Council v C and others
[2008] EWCA Civ 198
2008 Feb 5;
March 19
March 19
Thorpe, Wall, Hallett LJJ
High Court— Jurisdiction— Declaratory relief— Welfare of incapable adult— Local authority applying under inherent jurisdiction for orders as to future protection and management— Whether jurisdiction to determine place of residence— Whether jurisdiction to prohibit removal to foreign state on basis of best interests
Husband and wife— Marriage— Capacity to marry— Vulnerable man domiciled and present in England lacking intellectual capacity to marry— Man married by telephone to woman in Bangladesh— Place of celebration assumed to be Bangladesh— Marriage valid according to Bangladeshi law— Local authority applying under inherent jurisdiction for declaration as to man’s capacity to marry— Judge declaring marriage invalid— Whether marriage void or voidable— Whether jurisdiction to declare marriage void on application for declaration— Whether dual domicile rule applying— Whether recognition of marriage contrary to public policy— Whether marriage to be recognised—
Matrimonial Causes Act 1973 (c 18) (as amended by Mental Health Act 1983 (c 20), s 148, Sch 4, para 34), s 12(c)