Three Cheers for Judge Joe Harman
Forced to wed at 14, woman walks out after years of abuse from violent husband
Fiona Hudson
Herald Sun
October 11,2013
EXCLUSIVE: A CHILD bride forced to illegally wed at 14 has won a disturbing custody fight that shines rare light on arranged unions in suburban Australia.
Married off as a schoolgirl to a 21-year-old groom by her Muslim parents, the woman endured years of violence and abuse before walking out with their young daughter.
The Federal Circuit Court heard the bride's mum pushed her into the Islamic ceremony, telling the then-teen she'd get to attend theme parks and movies and eat lollies and ice- cream with her new husband.
But once the girl moved in to the man's outer-Sydney home she was locked inside, let out only to attend high school.
The court heard evidence her husband used to burn her homework, and made her drop out of classes entirely after about a year.
He also stopped her watching her favourite TV shows - Home and Away and Neighbours - instead screening a violent DVD showing soldiers taken hostage and blown up with grenades.
In a decision published last week, Judge Joe Harman described the man as "a most heinous, capricious and revolting misogynist".
The judge stressed that he accepted all of the wife's evidence, and expressed his concern that while the girl apparently reported her predicament to a teacher, mandatory reporting laws appeared not to have protected her.
In his decision the judge invited authorities, such as police, wishing to investigate the serious matters raised during the case to apply to the court to obtain material from the file.
Legal restrictions prevent the Herald Sun from identifying the parties.
The woman, now 24, can only be referred to by the pseudonym "Ms Elia", and the man, now 31, as "Mr Essey".
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Ms Elia fell pregnant at age 17 and gave birth to a daughter, now 6, who was the subject of the custody proceedings.
Her affidavit included a claim Mr Essey had once threatened to marry off their young daughter when she turned 14.
The judge found that the couple's illegal marriage ceremony had taken place "with the full knowledge, if not connivance and co-operation, of her parents".
Ms Elia was subjected to violence, including being kicked, punched, stamped on and thrown into walls, and their daughter was also attacked, he found.
The court heard claims that Mr Essey was involved in regular criminal activity, including robberies and assaults and was a routine user, if not a dealer, of drugs.
The couple separated in early 2009. She has since found a new partner.
Ms Elia gave evidence she'd stopped speaking to her parents after her divorce.
"My father has said to me, 'So what if he raped you? So what if he bashed you?'
"He has also said, 'The only way you can come back to me is in a coffin to pray on you'."
Judge Harman ordered Ms Elia have sole responsibility for the child and that Mr Essey be restrained from having all contact with them.
fiona.hudson@news.com.au
