The couple were Roman Catholics who had married during the war. They failed to consummate the marriage at first, and were then separated. H now sought to have the marriage annulled on the basis of W’s refusal to consummate the marrieage.
Held: The petition failed on the facts: a ‘wilful refusal’ is an unjustified, settled and definite decision and taking into account the whole history of the marriage.
Judges:
Lord Jowitt LC
Citations:
[1947] 2 All ER 871
Jurisdiction:
England and Wales
Family
Updated: 19 November 2022; Ref: scu.384441
