AMARNATH & KANDAR

In the matter of *Amarnath & Kandar*, Foster J of the Family Court of Australia considered an application for a declaration of nullity of marriage. The applicant sought to have the marriage solemnised in 2011 declared void.

The primary legal issue before the court was whether the marriage was a nullity, specifically on the grounds that the applicant was already married at the time of the subject marriage. A secondary issue arose concerning whether the respondent should be referred to the Commonwealth Attorney-General following a declaration of nullity on the grounds of bigamy, and if such a referral was appropriate.

Foster J reasoned that the evidence clearly established that the applicant was still legally married to another person at the time of the ceremony with the respondent. This fact, by operation of law, rendered the subsequent marriage void ab initio. The court applied the principle that a marriage entered into by a person who is already lawfully married is a nullity. Regarding the referral, the court determined that it was appropriate to refer the matter to the Commonwealth Director of Public Prosecutions, given the circumstances of bigamy.

Consequently, Foster J made a declaration that the marriage between the applicant and the respondent was a nullity. The court further ordered that the Registrar forward the relevant documents to the Commonwealth Director of Public Prosecutions.