Marriage

Question 1

R (ota Baiai) v SS for HD 2008/O’Donoghue v UK 2010

Answer 1

statutory schemes for using marriage to get immigration rights

Question 2

B and L v UK 2006

Answer 2

prohibition of marriage between parent-children in law held to be unlawful

Question 3

Gammaus v Ekins 1950

Answer 3

couple cohabiting for some years, no children, not a family

Question 4

Hawes v Evenden 1953

Answer 4

LT cohabitation with children, held to be a family

Question 5

Dyson Holdings Ltd v Fox 1976

Answer 5

21 years long cohabitation, held to be a family even though there was no children

Question 6

Helby v Rafferty 1979

Answer 6

5 year cohabitation, not a family because they wanted to retain their independence

Question 7

Carega Properties v Sharratt 1979

Answer 7

widow and tenant like aunt and nephew for 20 years, not a family

Question 8

Gereis v Yaguob 1997

Answer 8

H and W wanted to marry in the Russian Orthodox Church, the priest warned them that they’d have to do the normal ceremony too, they didn’t, their marriage void

Question 9

Singh v Singh 1971

Answer 9

non-consumated arranged marriage, didn’t amount to lack of consent so valid

Question 10

Hirani v Hirani 1983

Answer 10

W’s parents threatened to throw her out of the house if she doesn’t marry, enough to make the marriage voidable

Question 11

Hudson v Leigh 2009

Answer 11

religious ceremony with people watching, vows changed on purpose, non-marriage (not even void)

Question 12

A v A (A-G Intervening) 2012

Answer 12

marriage at a registered mosque with a non-authorised Iman, held to be valid

Question 13

MA v JA and the A-G 2012

Answer 13

W and H intended Islam ceremony to be valid, Iman without licence, A-G intervened because it’s public policy to stick to formalities, marriage still valid

Question 14

P v R 2002

Answer 14

W forced to marry in Pakistan, she thought that if she refused she wouldn’t come back here, plus her mum nodded 3x during the ceremony, marriage annuled

Question 15

B v I 2010

Answer 15

a girl wanted her marriage void, there was a statutory bar

Question 16

XCC v AA 2012

Answer 16

woman with severe learning difficulties got married to her cousin in Bangladesh, it was in the woman’s best interests to have the marriage annuled, forced marriage

Question 17

D v D (Nullity: Statutory Bar) 1979

Answer 17

H and W never consummated because W had a physical impediment and refused to undergo a surgery, H left her after they’d adopted 2 kids and petitioned for Nullity; statutory bar requires both the petitioner’s conduct no injustice to the responsent and here respondent made no objection