Hirani v Hirani [1982] EWCA Civ 1 (05 May 1982)

Hirani v Hirani [1982] EWCA Civ 1 (05 May 1982)

The threats and pressure exerted by the parents destroyed the reality of consent and overbore the will of the petitioner, thus vitiating her consent to the marriage.

Citation
[1982] EWCA Civ 1
Parties
Petitioner: Mrs. Hirani; Respondent: Mr. Hirani
Jurisdiction
England and Wales
Judgment Date
05 May 1982
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Nullity of Marriage, Duress, Consent
Family Law Nullity of Marriage Duress Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mrs. Hirani

Petitioner

Mr. Hirani

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether duress exerted by parents invalidated consent to marriage
  2. 2 Whether threats to leave home constitute duress sufficient to vitiate consent

Ratio Decidendi

The threats and pressure exerted by the parents destroyed the reality of consent and overbore the will of the petitioner, thus vitiating her consent to the marriage.

Court Disposition

appeal allowed

Orders

  • decree nisi pronounced
  • legal aid taxation