Voidable Marriages

Question 1

J v J 1978

Answer 1

Impotency means failure to have fill and complete sexual intercourse, partial penetration does not count

Question 2

WY v AY and JC v JM

Answer 2

Impotency may be physical

Older couple could not condensate due to wife’s menepause, nullity not granted because it could be cured with appropriate treatment

Question 3

G v G

Answer 3

Impotency could be psychological

Declarator of nullity granted because they had tried several times however wife did not want to

Question 4

CB v AB

Answer 4

Where a personal bar can be applied

Husband wanted a divorce on the grounds of adultary, she wanted to counter divorce him on the grounds of impotency. He said a personal bar should be put up here because she had alterior motives. Was held a bar should apply

Question 5

L v L 1931

Answer 5

A personal bar will apply

Woman had married a man who was paralysed from the waist down and she knew this however tried to claim nullity.

Question 6

AB v CB 1961

Answer 6

Personal bar will apply

Husband knew about wife’s impotency and had previously adopted a child with her and gone through insemination with her also- would be unfair to grant nullity