Durga v Durga (HP 28 of 1992) [1992] ZMHC 5 (13 July 1992)

HIGH COURT

W.M. MUZYAMBA, J.

14TH JULY, 1992

(1992/HP/D 28)

Family law - Nullity - Marriage void for consanguinity - Evidence of non-consummation - Relevance of.

The parties went through a marriage ceremony at Lusaka on 12^th October, 1990. They never cohabited or consummated their marriage because they discovered immediately after the ceremony that they were consanguineous. The petitioner sought a declaration of nullity.

Held:

A marriage contracted within the prohibited degree of consanguinity is void ab initio whether or not it is consummated.

Legislation referred:

1. Matrimonial Causes Act, 1973 (UK) ss.11(1)(a)(i) and 12(a) and (b).

For the petitioner: M. Sikatana, of Veritas Chambers.

For the respondent: No appearance.