Capacity to marry: NB v MI

In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.

The application before him was for a declaration of non-recognition of a Muslim marriage pursuant to the inherent jurisdiction of the High Court and a petition for nullity. The parties had entered a valid marriage in Pakistan on 1 June 2013. The applicant was a Muslim of Pakistani heritage, resident in England; the respondent, a Pakistan national currently working in Dubai, did not attend the hearing and was not represented. [1 & 2]. Since their wedding, the parties had spent very little time together and were “irretrievably estranged” [7]. Continue reading