W v. W

W v. W

The court accepted independent medical and other evidence that the marriage was never consummated due to the husband's incurable impotence quoad hanc, rejected the respondent's contrary account and the defence of insincerity, and therefore granted a decree of nullity and dismissed the restitution petition.

Citation
W v. W
Parties
Wife: W. (otherwise T); Husband: W.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 1969
Case Number
HCMC116/1968
Procedural Posture
Nullity of Marriage (non Consummation) / Final Judgment (31 January 1969)
Outcome
Decree of nullity granted; petition for restitution of conjugal rights dismissed.
Legal Topics
Impotence, Non Consummation, Quoad Hanc Impotence, Credibility of Witnesses, Insincerity Defence
Source Language
EN
Family Law Marriage Nullity Annulment Restitution of Conjugal Rights Medical Evidence Impotence Non Consummation Quoad Hanc Impotence +2 more

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Parties

W. (otherwise T)

Wife

W.

Husband

Procedural Posture

Nullity of Marriage (non Consummation) / Final Judgment (31 January 1969)

Legal Issues

  1. 1 Whether the marriage was consummated
  2. 2 Whether the respondent is impotent
  3. 3 Whether any impotence is incurable as regards the petitioner (quoad hanc)

Ratio Decidendi

The court accepted independent medical and other evidence that the marriage was never consummated due to the husband's incurable impotence quoad hanc, rejected the respondent's contrary account and the defence of insincerity, and therefore granted a decree of nullity and dismissed the restitution petition.

Court Disposition

Decree of nullity granted; petition for restitution of conjugal rights dismissed.

Orders

  • Decree of nullity granted in favor of the petitioner (wife).
  • Petition for restitution of conjugal rights dismissed.