The Family Court has ordered the annulment of the marriage of an Australia bride to her Indian uncle after the court found the woman’s consent to the marriage was not genuine.
The woman- Ms Sarvari*, applied to the court last year to have her marriage to her mother’s brother annulled on the grounds of duress.
She told the court her marriage was arranged while on a trip to India with her parents in 2015 when they told her to prepare for marriage within two days.
“Perhaps, in Australia, we should be grateful that such an event could not easily occur, because of the relevant notice provisions,” said Judge Paul Cronin said.
Ms Sarvari said she was not interested in marrying her uncle and protested against her parent’s decision. She said her mother threatened to stop eating and leave the family. Her mother also told her nobody else would marry her and her and she would be cared for by her uncle.
File image. Source: SBS News
She told the court she contemplated suicide but later bowed before her parents’ wish fearing she might be disowned and won’t have anywhere to live.
A clinical neuropsychologist assessed Ms Sarvari and determined she fell below her biological age with language and visual-motor skills. They were equivalent to those of a typical four-year-old, with reasoning abilities at a five-year-old level, memory and conceptual thinking of a six-year-old, and social intelligence at a seven-year-old level.
Her ageing mother and father-both diagnosed with bipolar disorder- told the court they wanted someone to look after their daughter and married her off to her uncle for cultural and financial protection.
“They were both concerned that their daughter had to have someone to look after her as they got older, but not much sense can be drawn from that, because the applicant’s uncle is around the same age as her parents,” Judge Cronin said.
“The facts of this case are very unusual, if not unique.”
The judge said it was a confusing situation that Ms Sarvari completed her schooling in Australia and did “reasonably well” and also started a tertiary course but did not proceed with it.
Source: Getty
The Judge said gathering evidence, in this case, was difficult.
“I now have evidence from the applicant’s mother indicating that she has had some communication with her brother (the respondent husband), but ultimately through the grandmother, indicating that he too wants “a cancellation” of the marriage, for cultural reasons.”
The ground relied upon in the application was duress.
“This is one such case where the applicant’s culture is said to be such that it is important that there be no recognition of the marriage so that she can marry again.”
Judge Cronin ordered the marriage be annulled and the respondent who did not oppose the application be informed by post.
*Court assigned pseudonym
