W sought a decree of agility for her marriage saying she had not consented.
Held: Karminski J said: ‘It was argued by the Attorney-General that the facts of the present ease cannot be said to prove that the ceremony of marriage was performed under fear or duress, and he rightly emphasized, and I accept, that the principles are strict and should not be rashly extended.’ and ‘If the present ease was devoid of the element of fear I should be compelled to find that the parties to the present suit intended that the petitioner should become the wife of the respondent.’
Judges:
Karminski J
Citations:
(1904) P 258
Jurisdiction:
England and Wales
Cited by:
Cited – Singh v Singh CA 1-Feb-1971
The wife appealed against refusal of her petition for agility and for the absence of consent. It had been an arranged marriage, and she met H at the altar. She found him repugnant, and refused to consummate the marriage.
Held: Her appeal . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 15 May 2022; Ref: scu.384440