Businessman who tried getting wife’s hymen tested to end his marriage over claims they haven't had sex before, drops case

Businessman who tried getting wife’s hymen tested to end his marriage over claims they haven't had sex before, drops case

 A businessman, Husayn Kassai has dropped his court case after trying to get his wife to have a hymen examination in order to nullify their marriage.

 

Kassai, 31, wanted a judge to declare his marriage to doctor Niloofar Tabarra void on the grounds it had not been consummated by sex. 


But Tabarra has denied this claim and said she had a text message from him proving they’d had sex in a hotel in Prague.


Tabarra now says she wants a divorce on the grounds that their relationship had been characterised by ‘domestic abuse and coercive control’, a hearing was told.


Tabarra added that her husband, who is the co-founder of technology firm Onfido, had a company worth ‘millions of pounds’ and that lawyers said she wouldn’t have been able to claim any money if the marriage was ended.


On Tuesday, February 16,  Kassai, agreed to divorce on the grounds he had behaved unreasonably towards his wife

 

Representing Dr Tabarra, barrister Charlotte Proudman said Mr Kassai originally petitioned for nullity because of his wife’s ‘wilful refusal’ to have sex with him.

 

But in a written case outline, the lawyer said her client ‘makes plain that the marriage was consummated once… whilst on holiday in Prague’. 


She relayed a text message from Mr Kassai to his wife where he says, ‘let’s head back to the hotel so we can have even better sex than last night’.


Justice Moor, who oversaw a virtual public hearing in the Family Division of the High Court, said the dispute was a ‘tragedy’ for both parties. 


The judge heard how the couple tied the knot in June 2018 and that their marriage effectively lasted for just six months. 


According to the judge, attempts to nullify marriages on the grounds of non-consummation were very rare and caused ‘great angst and upset’.

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The court also heard how Tabarra had been a virgin before marriage and that Mr Kassai wanted her to undergo a hymen examination to prove she still was one. 


In a case outline,  Barrister Sarah Phipps, representing Mr Kassai, wrote: ‘Before the court is a case which has become an expensive litigation quagmire.


‘This would be regrettable in any case; it is particularly unfortunate in one which involves two young, well-educated people who have no children and were married for only six months.


‘Almost every point is contested, almost every fact disputed. That said, the parties do agree on one thing: that their marriage was an unhappy disaster. Neither of them has a positive word to say about it. ‘None of the wife’s allegations against the husband, or anyone else, have been proven and thus cannot be taken as being true.’ 



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