Family judge determines Autistic man ‘did not have mental capacity to marry’

A man in his 20s who has learning disabilities and could not tell a psychiatrist “how babies came” was married at a “very bling” £25,000 Muslim wedding in Pakistan, a family court judge has heard.

The bride had worn “lavish” costumes, wedding photographs were bound in red leather, “much gold” had been in evidence and around 500 guests had attended a wedding party.

But at the ceremony an Imam had asked the man “do you know why you are here?” and the marriage had not been consummated, Mr Justice Hayden was told.

The judge concluded that the man lacked the mental capacity to marry and said he was convinced that the man’s family had organised the wedding thinking that marriage would provide the man with “care and security”.

Detail has emerged in a ruling by the judge following a private hearing in the Family Division of the High Court in London.

Mr Justice Hayden indicated that local authority social services staff had raised concerns and lawyers had asked him to decide whether the man had the mental capacity to consent to marriage.

He said the man at the centre of the case could not be identified but said the local authority involved was Luton Borough Council.

A psychiatrist had questioned the man and had told the judge in a report: “He told me one had babies from intercourse. He could not tell me how to prevent this or how babies came.”

The psychiatrist concluded: “I am not persuaded he has any significant grasp of what is a role of a husband and of a wife … his intellectual disability and autism are key in him not understanding the simple generalities of the roles and to be able to talk around them.”

Mr Justice Hayden said he had “little difficulty” in concluding that the man lacked the “capacity to marry”.

“I am convinced that the objective of this marriage was to provide (the man) with care and security for the remainder of his life,” said the judge.

“(His mother) contemplated marriage as a solution for her son’s predicament.”

The judge added: “The arrangements for this marriage were likely to have been sometime in the planning. I have seen the wedding photographs, bound in red leather with gold lettering. The occasion was extravagant, the costumes striking. There was much gold in evidence. (A family member) told me it was ‘all very bling’ and had cost the family something in the region of £25,000. It is clear that no expense was spared on the bride either, her costumes were lavish and impressive. A wedding on this scale, I was told, signalled status and position.”

Mr Justice Hayden’s ruling gave little detail about the bride.

He said she had given evidence at the hearing from Pakistan over the telephone.

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