Sarvari and Atapati

In the matter of *Sarvari and Atapati*, heard before Cronin J, the applicant sought a decree of nullity in relation to a marriage solemnised in India in 2015. The respondent did not appear at the hearing.

The central legal issue before the Court was whether the marriage was void. This required the Court to determine if the marriage had been solemnised in accordance with the laws of India and, if not, whether it was therefore void under Australian law.

Cronin J found that the evidence presented established that the marriage was not solemnised in accordance with the laws of India. Applying the principles of private international law, the Court concluded that a marriage which is void by the law of the place where it was celebrated is also void in Australia. Accordingly, a decree of nullity was granted. The Court also dismissed the amended application filed on 9 June 2017, and ordered that a copy of the decree be served on the respondent in India.