Galla & Harroun

[2021] FCCA 576

FEDERAL CIRCUIT COURT OF AUSTRALIA

Galla & Harroun [2021] FCCA 576

File number(s):	PAC 3822 of 2020
Judgment of:	JUDGE MYERS
Date of judgment:	23 February 2021
Catchwords:	FAMILY LAW – divorce – whether there was a valid marriage
Legislation:	Family Law Act 1975
Number of paragraphs:	3
Date of hearing:	23 February 2021
Place:	Parramatta
Solicitor for the Applicant:	Pannu Lawyers
For the Respondent:	Respondent appeared in person

ORDERS

PAC 3822 of 2020

BETWEEN:

MR GALLA

Applicant

AND:

MS HARROUN

Respondent

ORDER MADE BY:	JUDGE MYERS
DATE OF ORDER:	23 FEBRUARY 2021

THE COURT ORDERS THAT:

1.The Court grants a divorce to take effect in one month and one day from today’s orders.

2.The matter is adjourned until 1 April 2021 at 10:00 am by way of telephone-link for Directions in respect of a Costs Hearing.

THE COURT NOTES THAT:

(A)The Application for costs made by the Applicant.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Galla & Harroun is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

ORAL REASONS FOR JUDGMENT

JUDGE MYERS:

1. This is a matter that comes before the Court today, in a contested divorce application. The Court has viewed a marriage certificate that was filed on 29 July 2020.  There are affidavits that have been filed on behalf of the Applicant and Respondent. The Respondent says that there was not a marriage.  There is a Marriage Certificate. The Court has considered the affidavit filed by the Respondent.  The Affidavit sworn or affirmed on 20 November 2020 and filed on 2 December 2020 attaches a certificate saying that there is no registration of the marriage.  There is a Marriage Certificate.

2. The Court has read an Affidavit sworn by the Imam who performed the marriage saying that the parties are married and has read an affidavit of a witness saying that they were present and saw them married.  The witness deposes to being present at the marriage and seeing the Certificate of Marriage.

3. The Court firstly finds that there is a marriage. The Court finds jurisdiction. The Court finds that the marriage has irretrievably broken down and there is a child of the marriage to which the appropriate arrangements have been made for the child’s provision.

   ORDERS DELIVERED

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Myers.

Associate:

Dated:       27 April 2021