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(a) she and the respondent discussing in broad terms the concept of them marrying one another and if so when;
(b) whether the respondent had proposed to her asking for her hand in marriage;
(c) whether her family and the respondent's family had met and what the attitude generally of those families to the marriage between the applicant and the respondent was;
(d) whether the applicant had discussed the further details of the process of marriage with a cleric or civil celebrant;
(e) whether the applicant and respondent had discussed obtaining an engagement ring or other external manifestation of their intended nuptials;
(f) who might be witnesses at the marriage ceremony; and
(g) where they would live once married.

23 The affidavit of the applicant made 12 September 2024 was wholly silent on those issues.

24 In answers to questions put to him in cross-examination by Mr Goddard of counsel for the applicant, the respondent gave evidence that in the month of September 2023[1] he told the applicant he was bisexual. The applicant gave no such evidence whether as to the date of that alleged conversation, its context or at all.

25 By the same token, in her 12 September 2024 affidavit the applicant said nothing about the respondent's proposal of marriage to her which she accepted in September 2023.[2] She said she wanted to get married to the respondent. However, she said[3] that in accordance with her culture any marriage needed her parents to be present or their permission was required before a marriage could take place which may have taken a couple of months. She said she told the respondent those things[4] at the time. She disputed that she discussed getting married to the respondent several times prior to late December 2023. She denied holding herself out to people around her, friends especially, that a relationship existed between her and the respondent that was intended for marriage.[5]

  1. T 69 L 30.
  2. T 38 L 40.
  3. T 39 L 4.
  4. T 39 L 10.
  5. T 39 L 25.

Ryba & Achthoven [2024] FedCFamC1F 674
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