Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-consummation

  • 31 Oct 2018

    李 對 丘

    Citation
    [2018] HKFC 190
    Court
    Family Court
    Case number
    FCMC6050/2018

    法院認為女方未能圓婚係基於其醫學診斷的性交恐懼及一次月經因素，該情況不構成《婚姻訴訟條例》第IV部第20(2)(b)所指之故意拒絕圓房；男方未能嚴格舉證其主張，呈請被撤銷並須負擔訟費。

  • 31 May 1996

    MOK PO SHING v. LIE LIE KHIM

    Citation
    MOK PO SHING v. LIE LIE KHIM
    Court
    Court of Appeal
    Case number
    CACV57/1996

    Nullity for non-consummation under s.20(2) requires that the non-consummation be owing to the respondent's wilful refusal; where the petitioner himself wilfully refuses to consummate the marriage he cannot obtain a declaration of nullity, and therefore the appeal must be dismissed.

  • 27 Mar 1971

    C v. C

    Citation
    C v. C
    Court
    Court of First Instance
    Case number
    HCMC184/1970

    Where a spouse persistently and without justification refuses sexual intercourse over a long period and that conduct has caused injury to the other spouse's health, the court will find cruelty justifying a decree; medical corroboration is desirable but not always fatal to the case if the court is satisfied on the evidence and the petitioner is credible.

  • 6 Jul 1970

    KWOK LAI KING WAH v. KWOK CHE KIN

    Citation
    KWOK LAI KING WAH v. KWOK CHE KIN
    Court
    Court of First Instance
    Case number
    HCMC106/1969

    Petitioner proved cruelty: respondent admitted absence of sexual intercourse attributable to him and the persistent conduct had impaired petitioner's health; there was insufficient concrete evidence to grant nullity based on the alleged prior 1947 marriage; custody awarded to the father as being in the children's best interests, with liberty to apply for custody and maintenance.

  • 8 Dec 1969

    JOAN WONG v. MICHAEL WONG

    Citation
    JOAN WONG v. MICHAEL WONG
    Court
    Court of Appeal
    Case number
    CACV9/1969

    On the evidence the trial judge correctly found the marriage had not been consummated and that non-consummation was due to the husband's impotence quoad hanc which, on available evidence (including expert opinion on prognosis and credibility findings), was incurable; the civil standard of proof applied and the judge's credibility and medical fact findings were supported by the record, so the appeal must be dismissed and the decree of nullity upheld.

  • 31 Jan 1969

    W v. W

    Citation
    W v. W
    Court
    Court of First Instance
    Case number
    HCMC55/1968

    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.