Annulment of a Forced Marriage on Grounds of Duress

by Iulia Mirzac

Question(s) at stake

Whether the petitioner was forced to enter into an arranged marriage and whether the marriage should be declared voidable on the ground of duress.

Outcome of the ruling

The petitioner was forced to enter into a marriage against her will. The judge declared the marriage voidable and “granted the petitioner a decree nisi of nullity of marriage on the ground of duress” (para. 43).

Country:

United Kingdom

Official citation

NS v MI [2006] EWHC 1646 (Fam)

Topic(s)

Personal Status, Family and Inheritance

Keywords:

Arranged marriage Forced marriage Nullity Right to marry and to found a family Voidable marriage

Tag(s):

Bibliographic information

Mirzac, Iulia (2023): Annulment of a Forced Marriage on Grounds of Duress, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI041UK021, https://doi.org/10.48509/CUREDI041UK021.

Access case report

View case report in the CUREDI database

About the authors

Iulia Mirzac (Birmingham Law School, University of Birmingham)

Doctoral Candidate at the University of Birmingham carrying out ESRC-funded research on judicial interpretations of undefined concepts within the UK anti-trafficking framework in England and Wales. Teaching Associate on the 'Decolonising Legal Methods' module at Birmingham Law School. Research Consultant at the Max Planck Institute for Social Anthropology, providing legal commentaries of asylum decisions based on gender-based violence published under the Institute's CUREDI database.