Ismail v Choudhry

Marriage – Foreign marriage. The Court of Appeal, Civil Division, allowed a wife's appeal against a declaration that her marriage by way of Nikah in Pakistan had been valid. On the new evidence presented, the decree absolute that had purported to end her previous marriage had been void as issued less than six weeks after the decree nisi. In any event, the amended date of decree absolute meant that the marriage had not been dissolved for the three month period required by Sharia law before a woman could re-marry. The matter would be remitted to consider whether the fact that her previous marriage had been a nullity due to the husband's bigamy had any impact upon the validity of the parties' marriage.

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