Marriage declared null on undisclosed infertility
The Family Court yesterday declared a marriage to be null on the basis that the wife had failed to tell her husband that she suffered from premature menopause and was infertile.
The court, presided over by Madam Justice Anna Felice, noted that the couple had met through the internet and later got to know one another personally and decided to get married.
The husband, who was Maltese and the wife, who was a Lebanese national, underwent a civil marriage ceremony in Malta in 1999.
It resulted that prior to the marriage the wife developed premature menopause which rendered her infertile. She had not told her prospective husband about this and he only found out about her condition when he wished for them to start a family.
The court ruled that the wife had hidden from her husband a fact about herself which would have a substantial effect upon married life.
The marriage was, therefore, declared to be null and void due to the wife’s fraud.
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Mr Ernest Vella
Jul 19th 2011, 22:47
That is a matter of nullity also in the church marriage for a part hide on purpose something that the other part had to know before marriage...Why in the news I cannot understand? But as usual we are so intelligent that we say that nullity is like divorce...which is not true
Stephen Koludrovic
Jul 19th 2011, 12:00
There are so many couiples that are childless, and yet their marriage is as solid as a rock.
Its just a thing that most of us would call love towards the other person.
Ms S Micallef
Jul 19th 2011, 12:56
it's not really the point is it?
the woman did not inform her husband of her condition beforehand - i don't see how you can bring out love when there's deceit.
Ms Emma Falzon
Jul 19th 2011, 11:30
What's meant by the sentence" "when he wished for them to start a family", which means prior registering marriage"? What in the world does prior registering marriage mean, in the context of wishing to start a family?
And why is this in the news? Are all other annulments similarly reported? Surely annulments are only brought about by fraud of one sort or another, so what's so special about this one?
Ms S Micallef
Jul 19th 2011, 12:53
why what's so special about everything else in the news?
The Times often features random articles about court cases, why does this article in particular bother you so much?
Mr Tony Camilleri
Jul 19th 2011, 14:03
Ms Emma Falzon I think that you need to go back to school and study your English.
Ms Emma Falzon
Jul 19th 2011, 14:55
Ms Micallef: I'm not bothered by it at all - just wondering why. There was no violence or other criminal act involved. Purely a personal story, like all other annulment cases, except when there's criminal activity. No skin off my nose, though.
Mr Camilleri: I would have asked you to please explain what it means then, but the Times has kindly changed the wording of the particular snippet into one that makes perfect sense.
Thank you, the Times.
O. Tretyak
Jul 19th 2011, 10:40
The key word in this case is LEBANESE.
Foreign woman married Maltese man, 11 years was cleaning his house and washing his clothes, pleasing him in every way she could. He found out that she is infertile "when he wished for them to start a family", which means prior registering marriage. Yet 11 years she was OK for him. May be she got old now? He wants to replace her with someone younger found on internet again? What he does? He requests Court to null the marriage because of 'fraud" which he discovered 11 years ago, when he was only wishing to start a family.
Declaring marriage null by the reason of "fraud" discovered 11 years ago - strips foreign wife from her Maltese Nationality, which I assume she was granted during her marriage, strips her from any financial claim and any claim for roof over her head and/or material things bought during the marriage, throwing away this childless woman after she invested 11 years in her Maltese husband, and all those 11 years he knew that she was childless.
No surprise.
Ms Emma Falzon
Jul 19th 2011, 11:26
Knowing how long it takes to start a court action and finish it, I somehow don't think it was after 11 years. However, it would be interesting to know exactly when it all began.
Mr Tony Camilleri
Jul 19th 2011, 14:04
O. Tretyak you didn't do the same did you? And go back to studying your English because nowhere in the report does it say so.
O. Tretyak
Jul 19th 2011, 14:56
@ Mr Tony Camilleri,
Kindly study some Netiquette, and if you are not aware of what that word means, study your English.
I do not have to reply on personal attacks, but No, I never was married a Maltese man, and I am the mother of 3 children.
I did not do the same. Did you?
Mr Wally Vella-Zarb
Jul 19th 2011, 16:40
Ms Tretyak, the factors that you are gratuitously alleging could well be construed as being libellous in a court of law. If I were the person involved you would be hearing from my lawyers.
Mr Tony Camilleri
Jul 19th 2011, 18:10
O. Tretyak You are insulting all Maltese men.
I wonder if the men are better in the USA which is known for its Las Vegas divorce.
And No, I have children and I did not do the same thank you.
As for studying English It seems that it is you that should be doing so because the report is as clear as can be.
O. Tretyak
Jul 19th 2011, 19:36
Mr Wally Vella-Zarb, the information of the case is given without any names or any other identification of persons concerned. If more information would be provided I might have had a different opinion, but for now this is my comprehension of the situation.
Always happy to hear from lawyers, sometimes they make my day.
Mr Reginald Borg
Jul 19th 2011, 09:53
Can the maltese public be officially informed about the expences incurred in a civil annulment?
Can the maltese public be officially informed about the expences ( circa) that will be incurred by the spouses in a divorce case?
Joe Fenech
Jul 19th 2011, 09:10
Imma l-Knisja tghid "dak li jghaqqa Alla ma jifirdux il-bniedem". Ejjew naghmlu protesta kontra dan is-sagrilegg li ha javvelina quddiem id-dinja. Ma ninsewx li ahna l-Poplu Maghzul minn Alla.
Rachel Williams
Jul 19th 2011, 09:46
It was a civil marriage - dissolved in a court of law - God wasn't invited. So leave Him out.
Joseph Bonello
Jul 19th 2011, 09:51
First of all this was a civil marriage - secondly if the marriage was declared null - it means that marriage never existed. Your sarcastic comments about the Church teachings are misplaced.
G Hoare
Jul 19th 2011, 10:17
You should read the article in full not just the headline before you speak mate.
Eric Cantona
Jul 19th 2011, 10:29
Also, even if it had been a Roman Catholic marriage it still would have been dissolved as the church itself wants married people to have children and since it was hidden from the husband, even the church would let this one slide!
Ms Yaz Tabone
Jul 19th 2011, 11:08
isn't your god all for annulments?
Mr Saliba Francis
Jul 19th 2011, 11:33
Is there no limit to the anti-Catholic venom?
This is a judgment by a civil court not an ecclesiatical one. A civil marriage is not a sacrament, how could it be sacrilegous?
In the eyes of the Church a marriage based on such serious deception (if that was the case) would never have been a valid marriage at all.
Your phrase "Ma ninsewx li ahna l-Poplu Maghzul minn Alla" does not make sense to me. To which "poplu" are you referring, please? Is it the Maltese or the Lebanese and on which occasion, and by whom, has either of them been declared to be "the chosen people of God"? By you?
Joe Fenech
Jul 19th 2011, 18:02
So you're not joining in my protest? I'll be God's sole representative then. Marriage is marriage: civil or not.
Maria Fenech
Jul 19th 2011, 08:46
Had the marriage been declared null if she simply declared that she doesn't want children too? Expressing a wish for children is something that should be discussed before marriage and if that was not discussed there should have been no reason for the man to complain. Not every woman feels right about having children and they could have always adopted one. Lets be serious here.
Mr Evarist Saliba
Jul 19th 2011, 10:32
I fail to see where the absence of seriousness comes in. The issue here was that one spouse deliberately failed to let the other know about a very important element in marriage. As far as I am aware, a decision by one party not to have children, hidden from the other party, would equally have annulled the marriage, and this applies to both civil and religious marriages in Malta.
Mr Tony Camilleri
Jul 19th 2011, 14:10
Maria Fenech yes, it will annul a marriage because children are expected in marriage.
If the parties knew about the difficulties she had before the marriage then the marriage would not have been annulled, but she hid a very important aspect of marriage from him and therefore it amounts to fraud.
Ms S Micallef
Jul 19th 2011, 15:06
@ Tony Camilleri
I think you might find that having marriage open to children is a Roman Catholic concept applicable to Roman Catholic marriages only.
Mr Tony Camilleri
Jul 19th 2011, 18:41
Wrong Ms S Micallef. Although not expressly provided for it is implied in the Maltese Civil Code, Chapter 16 of the Laws of Malta Article 3B
"3B. Marriage imposes on both spouses the obligation to look after, maintain, instruct and educate the children of the marriage taking into account the abi l i t ies , natur al incl inat ions and aspirations of the children."
Marriage Act Chapter 255 of the Laws of Malta Article 19(1) (indirectly)
19. (1) In addition to the cases in which a marriage is void in accordance with any other provision of this Act, a marriage shall be void:
(e) if either of the parties is impotent, whether such impotence is absolute or relative, but only if such impotence is antecedent to the marriage;
(f) if the consent of either of the parties is vitiated by the positive exclusion of marriage itself, or of any one or more of the essential elements of matrimonial life, or of the right to the conjugal act;