Siva & Dashta

The applicant, Siva, sought a declaration that the marriage solemnised between himself and the respondent, Dashta, in Fiji in 2002 was invalid. The matter came before Foster J of the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the marriage was invalid under section 88D(2)(b) of the *Marriage Act 1961* (Cth). This provision deals with the validity of marriages solemnised in foreign countries, specifically where certain conditions regarding the law of that country are not met.

Foster J declared the marriage invalid pursuant to section 88D(2)(b) of the *Marriage Act 1961* (Cth). The court's reasoning, as indicated by the order made, was that the marriage did not comply with the requirements of the relevant foreign law, rendering it invalid under Australian law.