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 failed. The situation did not amount to lack of consent, and she had shown no condition making intercourse not possible.
W appealed against rejection of her petition for agility based first on the absence of consent and second for non-consummation. It had been an arranged marriage, and she did not meet H until the day of the marriage. She found him repugnant and refused to consummate the marriage.
Judges:
Davies LJ, Karminski LJ, Megaw LJ
Citations:
[1971] EWCA Civ 10, [1971] 2 All ER 82, [1971] 2 WLR 963, [1971] P 226
Links:
Jurisdiction:
England and Wales
Citing:
Cited – H v H 1904
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 . .
Cited by:
Cited – Lucasfilm Ltd and Others v Ainsworth and Another CA 16-Dec-2009
The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 23 March 2022; Ref: scu.262758