CHHIBBER & KUDVA

In the matter of *Chhibber & Kudva*, heard before Macmillan J of the Family Court of Australia, the dispute concerned the validity of a marriage and related matters including potential prosecution for a breach of the *Marriage Act 1961* (Cth), the production of media material, and an application for a child’s name change. The applicant sought to have the marriage declared null and void.

The court was required to determine whether the marriage between the parties, solemnised in Melbourne, was valid. Additionally, the court considered whether the applicant had breached section 94 of the *Marriage Act 1961* (Cth), which pertains to the offence of bigamy. The court also had to address the respondent's application for a change of the child's name and the production of a specific media interview.

Macmillan J reasoned that the marriage was void due to the applicant's existing subsisting marriage at the time of the ceremony, thereby constituting bigamy. The court applied the principles of the *Marriage Act 1961* (Cth) in determining the validity of the marriage. In light of the finding of bigamy, the court ordered that the marriage be declared absolutely null and void. Furthermore, the court directed that relevant documents be referred to the Chief Justice for consideration of prosecution of the applicant for the breach of section 94 of the *Marriage Act 1961* (Cth). The respondent was ordered to provide a copy of a specific media interview to the court. The child's name change application was otherwise transferred to the Federal Circuit Court.