DCC 14/2005, 18/2005

This case involved the validity of a marriage contract between a Saudi man and a Scottish woman. Under the law of his home country her guardian's agreement was needed to the marriage contract and under the laws of her home country it was not possible to be married to two people at the same time.

Background

A Plaintiff (Appellant) filed suit No 722 of 2005 (Personal Status) against the Respondent requesting the nullity of a marriage contract with the Respondent and an order not to subject her to the contract, on the basis that she was a British national and she had married the Defendant by way of a customary contract without a legal guardian. The Scottish authorities refrained from registering the marriage for lack of validity, in addition to the nullity of the marriage according to some Muslim scholars, they parted. However, the husband proceeded in claiming her as his wife, which prompted her to initiate the proceedings and her father intervened as per her request.

Proceedings

Court of First Instance - Decision No 722 of 2004