Muslim Girl, 14, In Forced Marriage: Judge 'Powerless' To Help

ryanm34 · Nov 5, 2013

A judge has said he is powerless to help a 14-year-old Muslim girl who says she was taken to Pakistan by her father and forced to marry a man at gunpoint.

The girl said she had been subjected to violence and became pregnant following threats, Mr Justice Holman revealed. She now has a one-year-old child.

Expressing sympathy for the girl the judge condemned the "harrowing" circumstances of the case, but admitted there was nothing he could do to help her, the High Court heard.

Despite the young girl being under extreme duress and under at 16 at the time of the forced marriage, the judge said he was prevented by law from granting a declaration that her marriage was "at its inception, void."

Detail has emerged in a written ruling following a hearing in the Family Division of the High Court in Birmingham.

Mr Justice Holman said a local authority began care proceedings in relation to the girl and her baby.

Local authority officials wanted a "declaration of non-recognition" of the marriage, but Mr Justice Holman decided the girl would have to initiate proceedings to have the marriage nullified.

But Vanessa Meachin, the girl’s barrister, said it was unlikely that her client could cope with a nullification case.

“She is the victim of forced marriage and rape. She is 17 and struggling with the complexities of the two sets of legal proceedings that she is already involved in. It is unrealistic to consider that she is equipped to proceed with a petition for nullity,” she said.

But Mr Justice Holman said his hands were tied.

“I do understand and have sympathy with the point and position that it might be particularly defiant by the girl of her family for herself to initiate proceedings for a decree of nullity, although she now has little contact with most members of her family,” he said.

“The reality is that, sooner or later, she needs fully to resolve her legal status and to face up to the obviously necessary step of obtaining a decree of nullity. That, however, is a matter for her own decision, her own timing and her own choice.”

"The girl has given an account of the circumstances surrounding that marriage which are, frankly, harrowing," said the judge.

Mr Justice Holman said the girl's parents were Muslim and had emigrated from Pakistan to England. He said the girl's father became a UK citizen more than 30 years ago.
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http://www.huffingtonpost.co.uk/2013/11/05/muslim-girl-forced-marriage_n_4217206.html

I appreciate that their may be legal difficulties with a declaration of nonrecognition (whatever that is) But surely the facts must speak for themselves. She was under 16 for christsake how can that marriage be considered legal in the UK?

There are laws on the books designed to prevent and criminalise those compelling forced marriage if its an offence to remove a child from the UK for the purposes of FGM then surely its should be illegal to remove a child to force them to marry.

I am sick to my stomach for that poor girl.

The court earlier heard that the girl’s ‘husband’ was not named on her baby’s birth certificate and his whereabouts are unknown.
However, he still has the rights of a ‘putative or non-marital father’ and could conceivably play a part in the care proceedings.

http://www.dailymail.co.uk/news/art...ge-British-Muslim-girl-14-taken-Pakistan.html
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He should have no rights he should be in JAIL, rapists should not be custody to any children conceived of rape.

Margot2 · Nov 5, 2013

http://www.huffingtonpost.co.uk/2013/11/05/muslim-girl-forced-marriage_n_4217206.html?utm_hp_ref=uk

Is the Girl a British citizen?

ryanm34 · Nov 5, 2013

She was domiciled in the UK but her father has been a citizen for more than 30 years.

Margot2 · Nov 5, 2013

ryanm34 said: ↑

She was domiciled in the UK but her father has been a citizen for more than 30 years.
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Was she born in the UK?

ryanm34 · Nov 5, 2013

Not stated.

Margot2 · Nov 5, 2013

ryanm34 said: ↑

Not stated.
Click to expand...

I don't see how this could even be legal in Pakistan.

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