Nullity attack; HMO v s21; MIB weeps; recognised tenants rule.
NIKAH NULLITY
Either party to an Islamic religious Nikah ceremony which has not been followed by a civil ceremony recognised under English law may nevertheless be able to secure a decree of nullity. That’s a big deal because it would empower the court to grant financial remedies which were not otherwise available. For that deal they (or at least one of the parties (!)) shall give thanks to the flexible approach of Mr Justice Williams in Akhter v Khan and another [2018] EWFC 54. Not so flexible on an appeal. He has just refused permission to both the husband and the intervening Attorney General. The husband is now seeking permission from the Court of Appeal.
Both parties had undertaken the religious ceremony in Dubai and held themselves out to the world at large as husband and wife. They were treated as validly married in the United Arab Emirates and were together for 18 years, raising four children. The failure to go through with
