A. Voluntary

Both man and woman must be acting voluntarily. Force, fear and duress will all invalidate the marriage. But it must be real duress: for instance, social
pressure and the desire to please one's parents do not invalidate the marriage

The marriage will also be invalid if one of the couple does not realize
what he or she is doing (e.g. if drink or old age affects their awareness of
what is happening).

Similarly, if there was a mistake as to the identity of the other partner the
marriage would be invalid. But other mistakes will not invalidate it. For
instance, if the man is mistaken as to the financial standing, social status or
career prospects of his wife, he cannot argue that he would not otherwise
have married her and so claim that the marriage is invalid. Duress and social
pressure can also invalidate the marriage. This can be a particular problem
with arranged marriages.

A nineteen-year-old Hindu girl was forced into an arranged marriage.
Had she not agreed, her parents would have thrown her out of the house,
leaving her homeless and penniless. The Court of Appeal granted a declaration
that the marriage was a nullity - the crucial question in these cases is whether
the threats, pressure, or whatever it is, is such as to destroy the reality of the
consent and overbear the will of the individual. So, in many ways it was the
threat of homelessness and social ostracism that were the key factors in this
case, and not so much the mere parental and social pressure.

This case should not be taken as showing that all arranged marriages can
be set aside, but it is clear evidence of a change of attitude by the courts in
being prepared to tackle this difficult problem.

Notes

development - обстоятельство, развитие
seizure - захват, похищение

payment — оплата; зд . выкуп

parental arrangement –договоренность между родителями

be regarded as - считаться, рассматриваться

de valid - быть действительным

voluntarily - добровольно

duress - принуждение

invalidate — делать недействительным

be Invalid –быть недействительным

affect - влиять

awareness - осведомленность, сознание
Identity—личность

financial standing - материальное положение

arranged marriage — брак по договоренности

Court of Appeal- апелляционный суд

nullity - аннулирование

consent -согласие

overbear - подавлять

will - воля, желание

homelessness - бездомность

Ostracism - остракизм, изгнание из общества

parental- родительский

pressure -давление

he set aside - зд., аннулировать
tackle the problem - решать проблему.