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