W v. W

W v. W

On the balance of evidence, including independent medical examinations that the wife remained virgo intacta and could not have experienced complete penetration, and absence of credible evidence of consummation by the husband, the court found the marriage was not consummated due to the husband's incurable impotence quoad hanc; the petitioner acted in good faith; decree of nullity granted and petition for restitution dismissed.

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
HCMC55/1968
Procedural Posture
Divorce Jurisdiction — Nullity of Marriage (non‑consummation/impotence) and Consolidated Petition for Restitution of Conjugal Rights / Judgment (trial)
Outcome
Decree of nullity granted in favor of the wife; petition for restitution of conjugal rights dismissed.
Legal Topics
Non‑consummation, Impotence (incurable), Nullity of Marriage, Defence of Insincerity, Corroboration of Medical Evidence, Examination of Hymen
Source Language
EN
Family Law Matrimonial Law Annulment Restitution of Conjugal Rights Medical Evidence Non‑consummation Impotence (incurable) Nullity of Marriage +3 more

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Parties

W. (otherwise T)

Wife

W.

Husband

Procedural Posture

Divorce Jurisdiction — Nullity of Marriage (non‑consummation/impotence) and Consolidated Petition for Restitution of Conjugal Rights / Judgment (trial)

Legal Issues

  1. 1 Whether the marriage was consummated
  2. 2 Whether the husband is impotent as to the wife (impotent quoad hanc)
  3. 3 Whether the husband’s impotence is incurable

Ratio Decidendi

On the balance of evidence, including independent medical examinations that the wife remained virgo intacta and could not have experienced complete penetration, and absence of credible evidence of consummation by the husband, the court found the marriage was not consummated due to the husband's incurable impotence quoad hanc; the petitioner acted in good faith; decree of nullity granted and petition for restitution dismissed.

Court Disposition

Decree of nullity granted in favor of the wife; petition for restitution of conjugal rights dismissed.

Orders

  • Decree of nullity granted in favour of the wife.
  • Petition for restitution of conjugal rights dismissed.