BOWN & JALLOH

[2014] FamCA 785

FAMILY COURT OF AUSTRALIA

BOWN & JALLOH [2014] FamCA 785

FAMILY LAW – NULLITY – Application for declaration of nullity of marriage – Whether wife mistaken as to identity of husband pursuant to s23(b)(1)(d)(ii) of the Marriage Act 1961 (Cth) – Where the parties knew each other for some time prior to the marriage and had a sexual relationship – Where the wife asserted that the husband did not disclose that he had used another name and did not provide an accurate account of his past – Where it was found that the wife willingly entered into the marriage and that she was not mistaken as to the identity of the husband – No grounds for nullity of marriage established – Application dismissed.

Marriage Act 1961 (Cth) s23B(1)(d)(ii)

Aird & Hamilton-Reid [2007] FamCA 4
C v C [1942] NZLR 356
Osman & Mourrali (1990) FLC 92-111; 13 Fam LR 444
T & H [2001] FamCA 785
M & Y [2005] FamCA 149
Zacharia & Paradisio [2008] FamCA 688

APPLICANT: Ms Bown

RESPONDENT: Mr Jalloh

FILE NUMBER: SYC 3961 of 2014

DATE DELIVERED: 17 September 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: REES J

HEARING DATE: 10 September 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Spain

SOLICITOR FOR THE APPLICANT: Uther Webster & Evans

THE RESPONDENT: No Appearance

Orders

IT IS ORDERED

1. That service upon the husband of the wife’s Application filed 27 June 2014 seeking a declaration of nullity is deemed to have been effected upon the husband by way of the email to Mr Chum dated 7 July 2014.

2. That the wife’s Application filed 27 June 2014 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bown and Jalloh has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3961 of 2014

Ms Bown

Applicant

And

Mr Jalloh

Respondent

REASONS FOR JUDGMENT

1. Ms Bown (“the wife”) and Mr Jalloh (“the husband”) were married in Country Z in 2013.

2. The wife is an Australian citizen ordinarily resident in Australia.

3. The husband lives in Country Z.

RELEVANT HISTORY

1. The parties met in Australia in June 2007 and shortly thereafter commenced an intimate relationship. From June 2007 until November 2007 they saw each other approximately once per week.

2. In November 2007 the husband travelled to Country Z and the wife made arrangements to join him, travelling to Country Z in December 2007. Shortly prior to Christmas 2007 the wife returned to Sydney.

3. During November 2007 until February 2008 the parties had discussions about where the husband would live and agreed that he would move into the wife’s home.

4. The husband returned to Sydney in February 2008 and moved into the wife’s home.

5. The parties continued to share a residence until August 2008 when the husband left the home, and the relationship ended.

6. In September 2010 the wife received an email from the husband asking whether…