Hussain v Parveen

Subject Matter

MARRIAGE — Divorce — Foreign decree, recognition of — Wife in Pakistan divorced by talaq decree pronounced in England — Wife remarrying in Pakistan — Whether divorce recognised in English law — Whether second marriage nullity — Family Law Act 1986 (c 55), s 46

[2021] EWFC 73; [2022] 1 FLR 823, Fam Ct

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

[2022] EWCA Civ 1434; [2023] Fam 197; [2023] 2 WLR 787; [2023] 2 All ER 1035; [2023] 1 FLR 831; [2022] WLR(D) 431; The Times, 28 December 2022, CA

Appellate History