Thursday, April 17, 2014

Annulment for lack of consummation

Annulment is a rare proceeding in modern Canadian law.  That said, it is available and proof of non-consummation does not require independent evidence.

So the Ontario Court of Appeal set aside the application judge’s order and granted an annulment where the parties agreed that the marriage had never been consummated. The application judge erred in concluding there had to be independent evidence of incurability. It was a reasonable inference that the respondent husband was unable to consummate this marriage to this woman, which sufficed for an annulment: Gupta v. Garg, 2014 ONCA 217

1 comment:

e.a.f. said...

and how did the idiot judge expect to obtain this "evidence". Reality check for judges are always a good thing.