British man must stop harassing estranged American wife who has never lived in UK after she claimed he forced her into marriage and raped her, High Court judge orders
- A Forced Marriage Protection Order was made to protect the American woman
- The woman said she was married under ‘duress’ and ‘raped’ by her husband
A High Court judge in London has made an order aimed at protecting an American woman from being harassed by her estranged British husband, despite the woman never living in the UK.
The woman, who lives in the United States, had asked Mrs Justice Knowles to make a Forced Marriage Protection Order to protect her from ‘harassment and intimidation’ from her husband.
She said she was married under ‘duress’ nearly a decade ago and her husband had subsequently ‘raped’ her.
Lawyers representing the woman had staged an appeal after a lower-ranking family court judge refused to make a Forced Marriage Protection Order because the woman was neither ‘physically present’ in the legal jurisdiction of England and Wales, nor a British citizen.
They said a Forced Marriage Protection Order could protect people ‘from being forced into a marriage’, and protect people who had been forced into a marriage.
Mrs Justice Knowles (pictured) had considered arguments at an online appeal hearing in the Family Division of the High Court earlier this year
Lawyers argued that there was no ‘statutory bar’ to a British judge granting such an order when an applicant was neither physically present nor a British citizen.
They also argued that the woman should be protected by a British judge because her husband was ‘both physically present in the UK’ and was a British citizen.
Mrs Justice Knowles had considered arguments at an online appeal hearing in the Family Division of the High Court earlier this year and has outlined her decision to allow the woman’s appeal, and make a Forced Marriage Protection Order, in a ruling published online.
She said the woman could not be identified in media reports of the case.
The judge said legislation governing Forced Marriage Protection Orders had a ‘wide and protective jurisdiction’ and sent ‘clear messages’ of ‘real importance’.
‘First, victims abroad who are forced into marriage with a British national or someone habitually resident here may be able to avail themselves of protective orders in this jurisdiction to counter such abusive behaviour and mitigate its harms,’ she said, in her written ruling.
‘British nationals or those who are resident here should be aware that they cannot force a person into marriage and escape legal sanction for their behaviour in the family court merely because their victim is neither habitually resident nor a British national.
‘Forced marriage is a global phenomenon, with many forced marriages in the UK having an international dimension.
‘In a world of global social media, it is possible for perpetrators to continue their abuse online with easy access to their victim, wherever their victim is based and whatever the nationality of their victim.’
A High Court (pictured) judge in London has made an order aimed at protecting an American woman who has never lived in the UK from being harassed by her estranged British husband
The woman watched the hearing, via a link, from her home in America – the man was not involved in the hearing and was not represented by lawyers.
Mrs Justice Knowles heard that the man and woman were both of Pakistani descent and had been married in Pakistan in 2014.
Barrister Teertha Gupta KC, who led the woman’s legal team, told the judge that the woman had visited Pakistan in the summer of 2014 with family members.
She had been taken to the man’s house and told to ‘get ready’ for a wedding she had ‘no notice of and did not consent to’, Mr Gupta said.
Mr Gupta said the woman was ‘too afraid to say no’ and agreed ‘under duress’ and ‘out of fear of repercussions’.
He said her husband had raped her throughout their time together.
Mr Gupta said the man had subsequently returned to the UK and the woman to the US.
He said the woman had not seen her husband since 2014, but that he was ‘harassing’ her online.
Mr Gupta said the woman had told her husband that she wanted a divorce and did not want him to contact her.
She had failed in a bid to nullify the marriage, in the US, he said.
Her attempts to ‘obtain protection’ in the US had also failed and she had been advised, by American police, to ‘seek protection in the UK’, Mr Gupta told the judge.
Source: Read Full Article