Kaur v Singh [1971] EWCA Civ 2 (20 October 1971)

Kaur v Singh [1971] EWCA Civ 2 (20 October 1971)

The husband's complete failure and refusal to arrange the religious ceremony and to make any attempt to live with or consummate the marriage with the wife amounted to a wilful refusal to consummate the marriage, entitling the wife to a decree of nullity.

Citation
[1971] EWCA Civ 2
Parties
Appellant (petitioner): Surrindjit Kaur; Respondent: Gian Singh
Jurisdiction
England and Wales
Judgment Date
20 October 1971
Procedural Posture
Appeal (nullity of Marriage) / Court of Appeal Judgment
Outcome
appeal allowed; decree nisi of nullity granted
Legal Topics
Nullity of Marriage, Wilful Refusal to Consummate, Religious Ceremony and Consummation
Family Law Nullity of Marriage Wilful Refusal to Consummate Religious Ceremony and Consummation

Case Brief

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Parties

Surrindjit Kaur

Appellant (petitioner)

Gian Singh

Respondent

Procedural Posture

Appeal (nullity of Marriage) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the husband's failure to arrange a Sikh religious ceremony and subsequent refusal to live with the wife constituted wilful refusal to consummate the marriage

Ratio Decidendi

The husband's complete failure and refusal to arrange the religious ceremony and to make any attempt to live with or consummate the marriage with the wife amounted to a wilful refusal to consummate the marriage, entitling the wife to a decree of nullity.

Court Disposition

appeal allowed; decree nisi of nullity granted

Orders

  • Appellant's costs here and below awarded
  • Legal aid taxation in Court of Appeal