France denies 'virginity' annulment
Published: 19 November, 2008, 14:44
A man's request to annul a marriage on the basis that his wife lied to him about being a virgin has been denied by a French appeals court.
The man, whose name was not released, claimed that he found out on his wedding night that his wife had lied about being a virgin.
It was discovered on Monday that a court in Lille had granted the annulment six months ago. At that time one government official called it “a fatwa against the emancipation of women”.
Xavier Labbee, the husband's lawyer, said that the husband had been deceived and was seeking an annulment rather than a divorce because he wanted to “erase” the marriage.
The case has stirred not only intense and emotional national debate but also caught the attention of French ministers and members of the European Parliament.
In June, 150 members of the European Parliament sent a petition to French Justice Minister Rachida Dati. In it they warned of the consequences of the annulment being allowed.
“An annulment would only comfort fundamentalists in their archaic fight whilst the main barrier against this fanaticism should precisely be the law,” read the petition.
Minister Dati had originally agreed with the annulment saying it could protect “vulnerable” women. However, she later changed her mind and decided to have the state contest the decision.
Annulment is a very rare occurrence in France and is usually only granted a dozen or so times a year. According to French law, which is still rather vague on the matter, annulments are only granted when there is a misrepresentation of the spouse's identity or “essential quality” of character.
The court's ruling was based on the decision that the women's virginity was not an essential part of her character. Many activists feared that if the annulment decision were to be upheld it would allow the orthodox Islamic view of virginity being a precondition to marriage to be applicable in France, which prides itself on staunch secularism.
To make matters more interesting, the wife had welcomed the annulment just as much as the husband wanted it.
“She said to me: I refuse this. I don't agree with this appeal,” said her lawyer Charles Eduoard Mauger.
“I have to get on with my life, I don't know who decided that they would think for me,” her lawyer quoted her as saying.
Unless the court's ruling is overturned, the couple will remain married, in spite of the fact that they have never lived together.
The lawyers for both sides said that the couple only wants to end a meaningless marriage without having to deal with a divorce.
19.11.2008, 13:58
Ukraine cuts funding to feed armyFacing an uneasy decision to choose between new weapons and keeping soldiers fed and clothed the head of Ukrainian Defence Ministry Yury Yekhanurov has chosen the latter. |
19.11.2008, 15:18
Wednesday's Press ReviewThis Wednesday Russian newspapers have predicted that Russia will join the WTO a year from now, analyzed the state of the Russian national economy, and quoted both a Senator on Russia’s relations with the West and a General on the lack of Russia’s firepow |
Let him who is without sin throw the first stone. Sure, If he can prove that he was a virgin at marriage and that no one can be found who can testify otherwise, then let him have the annulment. If he was known to be with other women than no, he'll have to get a divorce. The law must be fair to both men and women equally.
annulment is available when there is a material misrepresentation of fact. He required virginity as a precondition to his agreement to marriage. Somehow he believed she was a virgin when in fact, she was not. The inquiry is whether he made this clear to her, and whether she deceived him. The law would provide her the same protection, so this isn't about men vs. women, or secular vs. Islam. Stupid French! Let the muslims riot in the streets for weeks on end over labor laws being unfair, but God (I mean Darwin) help us if we let a man or a religious person succeed. Good thing these folks have the French aristocrats to protect them from themselves! Maybe time for another revolution....?