Singh v Singh V [1971] EWCA Civ 10 (01 February 1971)

Singh v Singh V [1971] EWCA Civ 10 (01 February 1971)

There was no evidence of duress or fear sufficient to vitiate consent, nor was there evidence of incapacity to consummate due to invincible repugnance; the wife's refusal was wilful, not due to incapacity.

Source-derived case information.

Citation
[1971] EWCA Civ 10
Parties
Appellant (petitioner): Singh (wife); Respondent: Singh (husband)
Jurisdiction
England and Wales
Judgment Date
01 February 1971
Procedural Posture
Appeal (family Law/nullity) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Nullity of Marriage, Consent, Duress, Non Consummation, Repugnance
Family Law Nullity of Marriage Consent Duress Non Consummation Repugnance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Singh (wife)

Appellant (petitioner)

Singh (husband)

Respondent

Procedural Posture

Appeal (family Law/nullity) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the marriage was void for lack of consent due to duress
  2. 2 Whether the marriage was voidable for incapacity to consummate due to invincible repugnance

Ratio Decidendi

There was no evidence of duress or fear sufficient to vitiate consent, nor was there evidence of incapacity to consummate due to invincible repugnance; the wife's refusal was wilful, not due to incapacity.

Court Disposition

Appeal dismissed

Orders

  • Petition for nullity dismissed
  • No order as to costs specified