Apr 14, 2023
RM v. AY  HKFC 59; FCMC 2226/2021
The case concerns a Pakistani-Hongkonger who was subjected to a forced marriage by violence and threats in Pakistan, celebrated under Sharia law. The Family Court rejected the husband's objection that the marriage was not within the jurisdiction of the Hong Kong Courts, and granted the declaration of nullity sought by the wife. This is the first case of nullity on grounds of duress in Hong Kong (applying the leading English authority, Hirani v Hirani  4 FLR 232), and the first case of the Family Court exercising jurisdiction over a religious muslim marriage from a Sharia country.
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