§ Lord MACLEOD of FUINARYasked Her Majesty's Government:
- (a) why the Home Office ask a married couple in Scotland to "re-marry" if one was domiciled in England at the time of the marriage in Pakistan, when no provision is made under Scottish marriage law for "remarriage"; and
- (b) why the Home Office ask Scottish Pakistanis to fill up a three page "Domicile Questionnaire "when this is completely irrelevant to an interpretation of Scots law.
§ Lord HARRIS of GREENWICHUnder the British Nationality Act 1948 a woman is entitled to be registered as acitizen of the United Kingdom and Colonies by virtue of marriage to such a citizen, but the marriage mast be one that is recognised by the laws of this country. Where one of the parties is domiciled in England at the time of the marriage in Pakistan under Muslim law, which permits polygamy, our advice is (although the question could be settled conclusively only by the courts) that the marriage would not be recognised as valid under English law, and that, that being so, it 465WA would not be recognised under Scots law, although it would be valid in Pakistan. Where a wife applies for registration and it appears that her marriage would not be valid the Home Office explains the circumstances and suggests that the husband and wife may wish to consider going through a further ceremony of marriage in the United Kingdom, so that the wife will be legally qualified for registration. We understand that there is no provision in Scots law which forbids a marriage between parties whose existing marriage is not recognised as valid under that law.
A party to a polygamous, or potentially polygamous, marriage is invited, where it seems appropriate from the circumstances already known, to complete a questionnaire designed to give factual information on which to form a view whether that party was domiciled in either England or Scotland at the time of the marriage.