Disabled Muslim woman's forced marriage is not valid in Britain rules judge who says she does not have ability to consent

By Helen Lawson for the Daily Mail

Published: | Updated:

A top family judge has opened the way for the annulment of a disabled Muslim woman’s 'forced marriage' despite her parents’ plea that it will bring shame on her and her family.

In an extraordinary clash of cultures, the parents, who are British citizens, arranged for their daughter to marry a man in Bangladesh although she can barely speak and can do almost nothing for herself.

Her husband, a cousin, obtained a spousal visa and came to Britain where he shared the woman’s bed for months until social workers got wind of the situation.

High Court of Justice, London, England, Britain, UK

Mrs Justice Parker ruled that DD's marriage could not be recognised in English law, but acknowledged the parents of DD were 'devoted' to their daughter

Police obtained a forced marriage protection order and the husband was warned that any sexual relations with the woman was likely to amount to a criminal offence.

He was eventually banned by a judge from the family home and from having any form of contact with her.

The woman’s parents, who speak very little English, begged Mrs Justice Parker not to annul the marriage, saying that, in their culture, disabled children are often found spouses so that they can be provided for.

But the judge ruled that, under English law, the woman - referred to in court on as DD - simply has no legal capacity 'at the most basic level' either to marry or have sexual relations of any kind.

Despite recognising the parents’ genuine love for their daughter, the judge ruled: 'In my view a marriage with an incapacitated person who is unable to consent is a forced marriage within the meaning of the Forced Marriage Act 2007.'

The traditional Bengali family comes from a close-knit community that is 'very largely insulated' from mainstream English society.

The parents are said to be mistrustful of non-Bengalis and 'bewildered and disconcerted' that they might be seen as having done anything wrong, said the judge.

They saw arranging DD’s marriage as part of their parental duty to ensure that she is cared for after they are no longer capable of looking after her themselves.

They argued that the annulment of the marriage would expose the whole family to 'considerable stigma'.

The judge said she had no doubt the parents are 'devoted' to their daughter, but nevertheless ruled that her marriage was 'a nullity' in England and could not be legally recognised here.

Mrs Justice Parker ruled it was in DD’s best interests for a nullity application to be issued and appointed the Official Solicitor to represent her for that purpose.

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