The Law Reports (Family Division)
[2023] Fam 197
Court of Appeal
Hussain
v
Parveen
[2022] EWCA Civ 1434
2022 June 16; Nov 4
Moylan, Asplin, Stuart-Smith LJJ
Marriage— Nullity— Capacity to marry— Transnational divorce effective under law of Pakistan but not recognised in England and Wales— Wife subsequently marrying while domiciled in Pakistan— Husband later bringing nullity petition on ground wife still married to previous husband— Whether non-recognition of divorce under English law determinative of wife’s capacity to marry again— Whether capacity to marry determined by reference to law of domicile—
Matrimonial Causes Act 1973 (c 18), ss 11, 14
—
Family Law Act 1986 (c 55), s 45