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07-09-2021
By SJA Jafri + Agencies
LONDON/ISLAMABAD: A UK High Court judge has ruled that an Islamic divorce granted in Pakistan should not be recognized in the United Kingdom as different rules apply under the laws of England and Wales.
Justice Arbuthnot oversaw a family court dispute between a couple whose marriage had dissolved and both had taken their cases to the court to determine whether the first divorce granted 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 still married to her first husband when they wed.
Assim Hussain told the court that Nazia Parveen’s Islamic divorce from her first husband could not be recognised in England under 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.
Justice Arbuthnot ruled in Assiam Hussain’s favor, stressing that her decision related to the validity and recognition of the “first” divorce is within 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.
