Islamic divorce granted in Pakistan shouldn’t be recognised: UK court

LONDON: A UK High Court judge has ruled that a divorce, granted in Pakistan under the Islamic law, should not be recognised in the United Kingdom as different laws apply in England and Wales.

Mrs Justice Arbuthnot oversaw a family court dispute between a couple, whose marriage had broken down, and both had taken their case to the court for determination whether the divorce, given in Pakistan was legitimate in the UK or not.

Assim Hussain said his marriage to wife Nazia Parveen, which took place in Pakistan nearly 14 years ago, should be annulled because she was in wedlock with her first husband when they contracted marriage.

Assim told the court that Nazia Parveen’s Islamic divorce from her first husband could not be recognised in England under the English law. On the other hand, Nazia Parveen disagreed and told the court that her divorce from her first husband should be recognised in England and declared as final and legitimate.

Mrs Justice Arbuthnot ruled in Mr Assim Hussain’s favour, stressing that her decision was related to the validity and recognition of the “first” divorce in the legal jurisdiction of England and Wales. The judge said her decision did not affect the position of the divorce, and “second” marriage, in Pakistan.