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- The facts of the case do not fit the quintessential void or null marriage category because the parties intended to conclude an additional civil marriage. They could thus not be said to have believed their marriage to be in compliance with the formalities in the Marriage Act. Even so, the High Court recognised this as a form of ‘void’ marriage.
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The petitioner Nasreen Akhter issued a petition for divorce from the respondent Mohammed Shabaz Khan on 4 November 2016. The husband defended the divorce on the basis that the parties had not entered a marriage valid according to English law.
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Aug 22, 2018 · Now a judge has ruled that the Marriage Act 1949 may be interpreted with reference to the Human Rights Act, enabling a legal non-marriage to be considered as a void marriage which can be annulled, giving the separating parties potentially equal rights to property and assets.
Aug 13, 2018 · In Akhter v Khan, the wife argued that the marriage was a void marriage and therefore she was entitled to financial protection, whereas the husband argued that it was a non-marriage.
Mar 12, 2019 · She also averred in the alternative that the marriage should be considered a “void marriage” within section 11(a)(iii) of the English Matrimonial Causes Act of 1973 and thus susceptible to a decree of nullity under the law.
In our view, the combined effect of these provisions is clear, namely that whether the court can grant a decree of nullity because a marriage is void is to be determined by the provisions of s. 11 and, through s. 11(a)(iii), by the provisions of the 1949 Act.
A woman who recently divorced her husband petitioned the court to determine whether the marriage, resulting from a Nikah, was void marriage or a non-marriage. The Family Court had held the marriage was void, granting her financial remedies.
