Woman challenges marriage law clause

A woman yesterday asked the Family Court to refer a constitutional issue she raised to the First Hall of the Civil Court in its constitutional jurisdiction.

The woman filed her request in the course of annulment procedures underway before the Family Court.

She said she had started proceedings to obtain an annulment of her marriage in the courts. However, due to the fact that she had also instituted proceedings for a religious annulment of her marriage before the Ecclesiastical Tribunal, the Family Court was bound to suspend the civil proceedings for nullity.

Section 30 of the Marriage Act laid down that in the event that the Ecclesiastical Tribunal accepted to hear a petition for nullity of a catholic marriage, it had to inform the Family Court. Once the acceptance was registered, then the Family Court was no longer competent to hear and decide the civil nullity case filed before it by the parties. The Family Court could only continue to hear the case if the proceedings before the Ecclesiastical Tribunal were withdrawn or abandoned.

The woman submitted that section 30 of the Marriage Act was in violation of her fundamental human rights. She said that her rights to access to the ordinary courts, her right to freedom of belief and her right to enjoy her private life had been violated as a result of this provision of the law.

She therefore asked the Family Court to refer the matter to the First Hall of the Civil Court, in its constitutional jurisdiction, for a decision on the constitutionality of section 30.

The name is not being published due to the nature of the case.

Lawyers José Herrera and Veronique Dalli signed the application.