Litigation Letter
Forced or arranged marriage?
NS v MI [2006] EWHC 1646 (Fam); NLJ 15 September
There is a grey area between arranged and forced marriages, the former are not merely to be supported but to be respected,
but the court must bend all its powers to prevent the latter. However, the court must be aware of the social expectations
and emotional pressure which may apply to some arranged marriages. The court granted a decree of nullity on the grounds of
duress to the petitioner wife who, at the age of 16, had been taken by her parents to Pakistan on the pretext of a holiday
and not permitted to return to England until she married the respondent. Nullity cases should be commenced in or transferred
to the High Court for open investigation. The court will do whatever it can to protect vulnerable witnesses, provided that
special arrangements are sought in advance.