Swarapathan and Sangakkara

In the Family Court of Australia, Mr Swarapathan (the applicant) sought a decree of nullity for his marriage to Ms Sangakkara (the respondent), which occurred in Melbourne in March 2012. The applicant alleged he did not consent to the marriage, claiming he was forced into it by his parents due to parental pressure and false pretences, and that the respondent, who resided in Country A, left Australia shortly after the ceremony. The respondent, through her Australian lawyer, supported the applicant's application, also asserting she was forced into the marriage by her parents and had no prior knowledge of the applicant.

The court was required to determine whether the marriage was void on the ground of duress, as provided by section 23B of the *Marriage Act 1961* (Cth). This required the applicant to prove, on the balance of probabilities, that his consent to the marriage was not real due to duress. The court considered the legal principles surrounding duress, noting that it can encompass a sense of mental oppression or coercion, not necessarily limited to terror or fear, and can arise from controlling parental influence. The onus rested on the applicant to provide clear and cogent evidence to satisfy this ground.

Justice Dessau dismissed the application, finding that the applicant failed to satisfy the onus of proof. Several inconsistencies and gaps in the applicant's evidence raised concerns. These included the late disclosure of his aunt's involvement in pressuring him, the vague nature of the alleged false pretences, and conflicting accounts regarding his knowledge of the impending marriage. Furthermore, the court noted the respondent's immediate engagement of an Australian lawyer and the efficient service of documents, which suggested a level of communication and arrangement not consistent with the applicant's claims of complete estrangement. The court concluded that the applicant, a 30-year-old independent man, had not provided sufficient evidence to establish duress, despite acknowledging the possibility of family pressure.