Darnith and Harshani

In *Darnith & Harshani* [2011] FamCA 1007, the Family Court of Australia considered an application by Ms Darnith for a decree of nullity concerning her marriage to Mr Harshani, solemnised in 2006. The wife sought to have the marriage declared void on the ground that the husband was not eligible to marry at the time of the ceremony. The husband initially sought similar orders but later discontinued his application for annulment, though he continued with other aspects of his case. The proceedings were heard by Cronin J in Melbourne.

The central legal issues before the Court were twofold: firstly, whether a decree absolute had been granted by a court in Country B, which would have permitted the husband to remarry in 2006; and secondly, if only a decree nisi had been granted, whether the husband was eligible to marry under Australian law during the period between the decree nisi and the decree absolute. The Court was required to consider the legal status of a person in relation to remarriage in Australia when their previous marriage had not yet been dissolved by a decree absolute.

Cronin J found that a decree absolute had not been granted in the husband's previous marriage. Applying Australian law, which was also the law at the relevant time in 2006, the Court held that a person who has not obtained a decree absolute is not eligible to remarry. Consequently, the Court found that the ground alleged by the wife was proven and declared the marriage void. The Court also noted that the husband's conduct throughout the proceedings was characterised by a lack of objectivity and numerous unsubstantiated accusations, which distracted from the critical evidentiary issues.

The Court ordered that the marriage solemnised in 2006 between Ms Darnith and Mr Harshani be declared void on the ground that the respondent was not eligible to marry at that date. The wife's application for nullity was otherwise dismissed, as was the husband's remaining application, save for issues of costs. The parties were given a specified period to make written submissions regarding any applications for costs.