Ghanaian got married 'solely to gain freedom of movement'
A court yesterday ruled that a marriage entered into with the sole purpose of obtaining freedom of movement in this country was null and void.
Mr Justice Noel Cuschieri delivered this judgment in a case filed by a Maltese woman against her Ghanaian husband.
The woman told the court that she had entered into a civil marriage with her husband in February 2001 after she had become pregnant. She had decided to get married as she did not wish her child to be born out of wedlock. The decision to get married was also influenced by the fact that the husband's work permit in Malta was due to expire.
But, immediately after the marriage, the couple experienced problems due to lack of communication and abusive behaviour on the part of the husband. The court noted that it was clear that the husband had no intention of participating in married life.
The wife was the main breadwinner and the husband had failed to keep the part-time jobs he got from time to time.
The court added that after three years of verbal abuse and indifference on the part of the husband, the wife had started separation proceedings.
But she was persuaded to withdraw them by the husband who promised to change his lifestyle. The couple then had another child.
When the husband resumed his previous irresponsible attitude, the wife filed proceedings before the Family Section of the Civil Court to obtain an annulment of the marriage.
Mr Justice Cuschieri said that it emerged clearly that the husband had entered into the marriage solely as a stepping stone to obtaining freedom of movement in Malta.
He obtained this status just one month after the marriage.
The husband had no intention of leading a married life, but proved to be a very insensitive man who treated his wife solely as his source of income and his guarantee of freedom of movement.
The court, therefore, found in favour of the wife and declared the marriage null and void.
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Ahmed Bugri
May 16th 2008, 00:18
Why wasn't the article entitled, "Maltese woman marries a Ghanaian man because she did not want to have her child out of wedlock."
The courts decsion is further from being clear at all. How did the judge come to the conclusion that husband had no intention of participating in married life when the wife admits that she married him because she did not want to have her child out of wedlock?
Also if the wife was the breadwinner, and can be assumed that she worked a fulltime job, then who kept the baby and did the house chores? Could it be that the man could not keep his jobs because he took care of the family whilst she worked?
R. Balzan
May 15th 2008, 21:56
He'll still get deported... it's not mission accomplished.
Elisa Borg
May 15th 2008, 14:40
So the woman can't talk about "my ex-husband", cos he was never her husband.
And when she marries again, she can't say "in my first marriage..." cos she was never married.
Ralph Attard
May 15th 2008, 12:43
What about his freedom of movement in Malta? Has this been revoked?
Jeremy J Camilleir
May 15th 2008, 12:35
So now he gets deported?
Thought not! mission acccomplished!!!!!
Jennifer Cosaitis
May 15th 2008, 12:16
Annulment is the legal procedure whereby a marriage is declared null and void. An annulment marriage is considered as never having existed, a divorce on the other hand is when a marriage is still deemed to have existed and being perfectly legally binding and then dissolved.
V Farrugia
May 15th 2008, 11:49
What's the difference between a civil annulment and a civil divorce?