S v S: CA 1962

The court considered an application for a decree of nullity based upon non-consummation. Medical evidence was provided as to W’s vagina being malformed so that she was unable to allow full penetration. An operation was available to correct the situation, but this might decrease any pleasure she might receive and she would still be inable to conceive.
Held: The petition was denied. It is not enough for the Petitioner to simply establish that they have not had sexual intercourse since the date of their marriage. The fact of the availability of the operation meant that she would be able to consummate the marriage.


[1962] 3 All ER 55


England and Wales


Updated: 05 May 2022; Ref: scu.384439