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Jainesh v Karishma [2007] FJHC 12; HBM005.2007 (23 April 2007)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBM 05 OF 2007

NO. 49 OF 2007

BETWEEN

NAND JAINESH
Applicant

AND

NARAYAN KARISHMA K
Respondent

Appearances: R. Gordon for the applicant
No Appearance for the respondent

Date of Hearing: 23 April 2007
Date of Decision: 23 April 2007

Extempore Ruling

[1] Having considered the evidence, I am of the view that the applicant has satisfied the requirements of Section 32 (2) (d) (i) of the Family Law Act – 18 of 2003, in that neither party to the marriage of 4 July 2005 gave real consent. Clearly both Jainesh and Karishma were under duress of their respective parents to enter into a union, neither of them having given real consent or having much to do with it. The applicant, although a professional has left me with a clear impression that he was compelled to marry Karishma because of family pressure. He cannot be said to have freely consented at the time. I am satisfied his consent was obtained through duress.

[2] I grant an order of nullity of the marriage on the ground that the marriage is void for reasons aforesaid.

Gwen Phillips
JUDGE

At Lautoka
23 April 2007