1 Garden Court

Capacity to consent to marriage, nullity and declarations under the inherent jurisdiction considered (NB v MI)

Tahmina Rahman considers NB v MI [2021] EWHC 224 (Fam) in which she appeared at the High Court in front of Mr Justice Mostyn.

This involved an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June 2013. The applicant sought to argue, relying on two expert reports, that she did not have capacity to consent to marriage at the time. The court had to consider the issue of her capacity and then consider whether to make a declaration of non-recognition, or alternatively annul the marriage.

This case analysis was first published by Lexis®PSL on 16 February 2021.

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