A Family Court has declared a marriage ceremony involving a man in the UK and a woman in Pakistan, conducted via WhatsApp, invalid. 

Case Background 

The bridegroom, a 21-year-old man with a learning disability, resided in supported accommodation and was deprived of his liberty. The local authority sought a Forced Marriage Protection Order after discovering an arranged marriage had occurred between him and a woman in Pakistan. 

The Ceremony and Legal Findings 

The marriage took place with the groom in the UK and the bride in Pakistan. The groom’s grandfather, acting as his proxy, was present in Pakistan, and the ceremony was conducted over WhatsApp. The court found that essential legal requirements were not met under the laws of England and Wales or Pakistan, and the groom lacked the capacity to marry. 

Legal Analysis 

The court emphasized its limited jurisdiction to declare non-recognition of marriages. Typically, if a marriage is recognized in the country where it took place, it is recognized globally. However, since the groom was not physically present and a proxy was used without a valid special power of attorney attested by the Pakistan Consulate in the UK, the marriage was deemed invalid in Pakistan. Additionally, the marriage lacked compliance with several formalities required by Pakistani law, such as having more than one witness. 

Conclusion 

The court concluded that the marriage ceremony was non-qualifying and invalid on public policy grounds. This decision ensures certainty and protection for the groom from the implications of a forced marriage.