Sodhi and Parkhi

FAMILY COURT OF AUSTRALIA

SODHI & PARKHI [2014] FamCA 498

FAMILY LAW – NULLITY – Where the husband alleges his consent was not proper because of fraud or duress – Application dismissed

Family Law Act 1975 (Cth) s 51
Marriage Act 1961 (Cth) s 23B

Hallas and Kefalos [2012] FamCA 860
Kokl (1981) FLC 91-078
Re S (1980) FLC 90-820
Teves III and Campomayor (1995) FLC 92-578

APPLICANT: Mr Sodhi

RESPONDENT: Ms Parkhi

FILE NUMBER: PAC 453 of 2014

DATE DELIVERED: 19 June 2014

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 19 June 2014

REPRESENTATION

THE APPLICANT: Self-represented Litigant

THE RESPONDENT: No appearance

Orders

1. The Application for Declaration of Nullity filed on 4 February 2014 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Sodhi & Parkhi 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 PARRAMATTA

FILE NUMBER: PAC 453 of 2014

Mr Sodhi

Applicant

And

Ms Parkhi

Respondent

REASONS FOR JUDGMENT

1. This is an application filed by the husband seeking a declaration of nullity in relation to his marriage to the Respondent wife.  The marriage was solemnised on … August 2013 at Sydney Suburb D, New South Wales, and a certified copy of the marriage certificate has been marked into evidence as Exhibit A.  It appears that the marriage was performed by a celebrant pursuant to the rights of Religious Organisation C.  The marriage was registered on … September 2013. 

2. The application filed by the husband on 4 February 2014 is supported by an affidavit by the husband filed on the same date.

3. By way of background, the husband was born in 1980 and is now aged 33 years of age.  The Respondent wife was born in April 1984 and is now 30 years of age. 

4. During the course of these proceedings service on the Respondent wife, whose whereabouts are not known to the Applicant, was dispensed with and the matter proceeds on an undefended basis. 

5. The affidavit in support of the application for a declaration of nullity has been prepared by the husband himself and is in handwritten form.  It is of some utility to reproduce the terms of the affidavit in these reasons for Judgment.  In his affidavit the Applicant husband deposes as follows:

   1. This marriage ceremony took place on …/08/13.  I was forced into this marriage by my mum.  I did not give my real consent to the marriage because consent was obtained by duress and fraud.  This was a purely arranged marriage.  I was told by family members back at home that [Ms Parkhi] (respondent) was a descent (sic) person.  [Two days after the marriage ceremony] I found out that [Ms Parkhi] had an affair with her work colleague and continue to have affair.  Her main intention to marry me was to get Australian citizenship.

   2.I obeyed my mum’s wishes because she threatened that if I…