Hirani v Hirani [1983]

Key Points:

• Threat of Social Isolation:

◦ The court held that the threat of social isolation was sufficient to render a marriage voidable. This marked a significant departure from earlier, more restrictive interpretations of duress in marriage cases.

• Focus on Effect:

◦ The case emphasised that the court should focus on the effect of the threat on the individual, rather than the specific nature of the threat. This approach allows for a broader consideration of what constitutes duress.

• Subjective Test:

◦ A subjective test was applied to determine whether the individual's will was overborne. The court considered whether the beliefs leading to the threat were reasonably held by the person in question.

• Overbearing the Will:

◦ The crucial factor was whether the threat, given the individual's circumstances and beliefs, was capable of overbearing their will, thereby invalidating their consent to the marriage.

Impact and Analysis:

• Legal Evolution: Hirani represents a shift towards a more individualised assessment of duress, recognising the varying pressures individuals may face and providing greater protection for those coerced into marriage.

• Broader Interpretation: By focusing on the effect of the threat rather than its nature, the ruling allows for a wider range of scenarios to be considered under the law, acknowledging that threats beyond physical harm can still undermine true consent.