Gandhi v Patel [2002] and B v B [2012]

Key Points:

• Hindu Ceremonies as Non-Marriages:

◦ In both Gandhi v Patel [2002] and B v B [2012], Hindu marriage ceremonies held in unconventional locations, such as a restaurant, were deemed non-marriages under English law.

◦ These judgments were based on the failure to meet the legal requirements for a valid marriage, such as the ceremony taking place in a legally recognised venue or with proper formalities.

Impact and Analysis:

• Cultural Sensitivity: These cases highlight the tension between cultural practices and legal requirements. While the courts must ensure legal standards are upheld, there is a cautionary note about imposing rigid cultural norms on what constitutes a marriage. A more culturally sensitive approach might recognise the diversity of marital practices while balancing the need for legal certainty.

• Legal Consequences: The rulings underscore the importance for individuals from different cultural backgrounds to ensure their marriages meet the legal criteria in the jurisdiction where they seek recognition, to avoid complications in legal matters like divorce or inheritance.